This assignment is weighted at 50% of the overall mark for the Tort Actions module. It is a face to face assignment and you must attend in person to make an application for an interim injunction of behalf of your Claimant client (fictitious). There are many compiled documents that you need to read through and be familiar with in preparation for the application. The Module Leader/your tutor will notify you of the time and date of your application.
You do not have to submit anything in writing for this assessment, you are assessed only on your court performance. On the day of your oral you are required to wear suitable professional attire and arrive in plenty of time, failing which you may be penalised.
You can bring as many notes or other resources as you need with you to the court to help you. This is NOT a memory test, in fact we would strongly suggest that you have, at least, your skeleton argument and draft order with you, as well as the witness statements, as we may ask you to point out evidence from those statements, or to recap a point you have already made. It is advisable to print these documents and have hard copies with you as reliance on a screen may make you vulnerable to technical difficulties and the challenge of opening multiple documents/windows on your device.
In order to prepare for this, please make sure you read all the documents thoroughly and have looked over the lecture and resources in recent units, especially units 17-20.
On the day of your oral, you should aim to be in the Law Court building at least 30 minutes ahead of time. Once your session starts, in the court room (W036) you need to be prepared to speak for 10 minutes unprompted. You may be asked questions based on your representations.
If you already know that you will be unable to attend your allocated slot for a VALID reason, please EMAIL your module leader at *This Text is Removed by Studyfull for Privacy & Security Purposes* before 5pm on 21 April 2023.
In addition to your instructions as Counsel for the Claimant, there are 7 documents pertaining to your client's case below. Please READ through ALL of the documents carefully and familiarise yourself with the matter. To make things easy for you, these have been compiled in one bundle so that you only have to open one Tort Actions Compiled documents for advocacy exercise 2022-23 (5).pdf Download Tort Actions Compiled documents for advocacy exercise 2022-23 (5).pdf
- Instructions to Counsel
- Draft Order
- Witness Statement of Jamila Hanif (Claimant)
- Exhibit JH/1
- Exhibit JH/2
- Exhibit JH/3
- Witness Statement of Toby Spell (Defendant)
- Exhibit TS/1
Finally, here is the template of a skeleton argument that you need to complete ahead of the hearing Template skeleton argument for Claimant (3).docx Download Template skeleton argument for Claimant (3).docx
You should, by now, know how to complete this template as you did a similar exercise in Unit 19. You will have 10 minutes to present, followed by one or two short questions from the judge. These questions are not meant to trick you or to ask you about complicated legal technicalities. The rationale is to test you ability to "think on the spot" and to determine how well you know the facts. You will be told to stop presenting if you speak for longer than 10 minutes, which means that you will be graded up until that point.
For further information to assist you in your preparation and to know how this oral assessment will be graded, please see:
Oral Assessment Guidance (1).docxDownload Oral Assessment Guidance (1).docx
Tort Actions Coursework 2 Marking criteria 2022-23 (1).docx Download Tort Actions Coursework 2 Marking criteria 2022-23 (1).docx
Please note that you CANNOT ask your tutors to "check" and provide feedback on your skeleton arguments prior to your presentation. You will, however, be given an opportunity in Seminar 19 to work on drafting your skeleton arguments and you may ask questions about the assessment.