Outline Structure Flashcards
Introduce the parties (your client)
“I appear on behalf of the [Applicant] who is the [Claimant/Defendant] in the substantive proceedings
Introduce the other side
Mr/Mrs X appers on behalf of the [Respondent], the [Defendant/Claimant] in the substantive proceedings
Introduce application, including which party is making it
This is the [Claimant’s] application for
- state application
- cite the relevant CPR/Criminal Procedure Rule
Check whether the court has any relevant paperwork
Has the court received the papers?
Ask if the court would like a summary of the facts
Would the court be assisted by a summary of the facts?
Set out the legal test, rule or guidelines to be applied by the court in deciding the application
Moving now to the test for the application.
The test for [x] is set out in:
- cite the test
Make submissions on each of the relevant limbs of the test / rule / guidance in turn
I am going to make my submissions according to the limbs of the test [in x] in turn
For each limb of the test
- state your position / argument
- justify your position with evidence / common sense / authority
- state conclusion (mini conclusion)
Signposting submissions
Turning now to the first limb of the test
I have four submissions
- my first submission is that…
Therefore, to conclude on this limb of the test
Briefly conclude your application [where appropriate]
- brief summary
Closing statement
Subject to any questions the Court may have, that concludes my submissions
