After a narrow victory over Kent in Round 2 of the ESU-Essex Court Chambers National Mooting Competition 2022, Aberdeen lost out on a place in the Quarter-Finals following a defeat at the hands of London Metropolitan in Round 3 of the competition. Third-year and Second-year accelerated law students, Syed M. Humaid Adil and Cameron Fox respectively, faced off against two London Met GDL mooters in a UK Supreme Court case concerning a Confiscation Order requested under the Proceeds of Crime Act 2002.
In representing the appellant, the Aberdeen team had the unenvious position of arguing against the confiscation of the remuneration received by a fraudster, who after lying on his CV about his education and previous employment, landed a lucrative appointment at a charity in a managerial position. In a case that had striking parallels to CV-fraudster Mike Ross in the hit legal drama Suits, the Aberdeen team successful won on the law, having their appeal allowed on their 2nd Ground of disproportionality but lost on the advocacy to an impressive display by the London Met team.
The judge, Christopher Kessling (Vice-Dean at the Inns of Court College of Advocacy), had this to say about Syed's performance in the moot:
Your advocacy was really excellent. I’ve got to say that. [Y]our preparation was exceptional and preparation is the foundation of good advocacy, anything that is built upon rocky foundations is, as we know, crumbles and falls away and your preparation I thought was extraordinarily good. I thought your analysis was extraordinarily good. You started off very professionally, with a nice clear voice, and I thought you dealt with the preliminaries very well, asking if I wanted a summary of the facts, asking - and I was thankful for this - if you could dispense with case citations. [Y]our eye contact was excellent throughout. [...] I thought you dealt with questions really well. I felt you considered them, you took time to think about your answers, your brain was clearly ahead of your mouth and you were very helpful and I felt you were being helpful and that is a good thing for a judge. [...] In terms of your right of reply, I think your analysis was excellent, so I have got to say a huge congratulations to you.
This Tuesday saw Third and Second-year law students, Syed M. Humaid Adil and Daniel McKernan respectively, declared winners in their Round 1 match-up of the ESU-Essex Court Chambers National Mooting Competition 2022. Aberdeen's first round was an appeal before the UK Supreme Court against fellow Scottish university Dundee, represented by Second-year law students Isla Macleod and Samuel C. Varcarcel. The moot was on an area of English tort law - vicarious liability - judged by Professor S. Bailey, Professor of Public Law at the University of Nottingham, who kindly made time to judge the moot.
The ESU-Essex Court Chambers Moot is one of the largest moots within the United Kingdom with 57 universities participating. The ESU moot features teams competing over a number of rounds on problems from any core area of English law such as criminal law, contract, tort (or delict), company and commercial law, constitutional law, employment law, consumer protection law, EU law and any other area of law based on a UK statute. While Rounds 1 through to 3 and the Quarter-Finals are going to be held online this year, the Semi-Finals and Finals will be held in the Royal Courts of Justice in London.
This year Aberdeen's team are hoping to best the Society's performance last year to Round 3 with the aim of winning the competition which the University of Aberdeen last did back in 1998.
Aberdeen's team had a difficult job arguing that the relationship between the bouncer and the nightclub was that of an independent contractor-client and not employer-employee but found better luck with their second ground of appeal that the bouncer's actions fell outwith the scope of his employment. Professor S. Bailey ruled that while the relationship was sufficiently akin to employment, his actions were outwith the scope of employment and therefore the appeal was allowed.
Professor Bailey had this to say about the mooters, "You have all done extremely well! In terms of features that I wish to commend you clearly indulged in diligent research and have immersed yourself pretty well in the facts of the case."
We would like to take this opportunity to again thank Professor Bailey for their time and insightful remarks. Best of luck to the two mooters going forward to the Round 2 moots in which the University of Aberdeen will be facing off against the University of Kent.
If you would like to get involved with the ESU-Essex Court Chambers National Mooting Competition and represent the University of Aberdeen in the future, or other external moots, follow us on social media to receive regular updates!
The Lord Jones Mooting Competition, an annual inter-varsity mooting competition hosted by the University of Dundee and featuring teams from across Scotland, has begun its 2022 chapter. The University of Aberdeen Mooting Society is proud to submit two teams of mooters for the second year in a row to the competition. Today, the mooters from the Society got together virtually with the Coordinators, and last year's Quarter-Finalists, to go over the moot problem, a Scots Criminal Law scenario. Notably, this year's moot will be held in-person at the University of Dundee on the 19th of February 2022, being the first in-person external the Society has participated in since before the start of the Pandemic.
The law relating to whether an individual commits an offence by culpably and recklessly endangering just themselves and to what extent the vague statutory definition of an offensive weapons extends to, is far from certain. This case therefore raises important contemporary issues of criminal law. It will be an exciting (and no doubt daunting) prospect for our mooters to dust off their 1st Year Winter Semester notes on Scots Criminal Law and prepare their submissions for this moot.
If you would like to get involved with the Lord Jones Moot and represent the University of Aberdeen in the future, or other external moots, follow us on social media to receive regular updates!
The BPP Advocate of the Year Moot is a near one of a kind moot within the United Kingdom. Unlike most moots which concern points of law or appeal, the BPP moot features teams taking part in the other part of advocacy, Cross-Examinations and Examinations in Chief. With actual actors playing the part of clients, witnesses, defendants and victims, and trained legal professionals taking the part of the judges, the BPP moot gives a unique insight into the world of advocacy for budding advocates.
This year being the first year that the University of Aberdeen Mooting Society has submitted students to the BPP Moot, Fiona Lindenbach, a 1st Year Accelerated LL.B. student succeeded in beating out 50 other mooters to take a place in the top 20 mooters. While she missed out on reaching the Grand Finals (top 16 mooters), she is on the reserve list and so should one of the Grand Finalist mooters be unable to compete, Fiona will have the opportunity to test her advocacy skills before the Old Bailey, the Central Criminal Court in London. We wish her all the best!
Here's what Fiona had to say about her participation in the Moot:
The Judge described Fiona's pre-trial Conference as "impressive" with her "introduction being particularly brilliant and developed a rapport with the client easily. Establishing that rapport is so key to be able to give your client the advice that you would need to from a professional point of view need to give them.” With regards to Fiona's Cross-Examination, the Judge remarked that, "I noticed something that you did which is quite advanced when it comes to cross examination, which is that you departed intentionally from asking a leading question to asking a non-leading question because the answer could not have ever led you somewhere you didn’t want you to, which is why it was a really tactically sound thing to do.”
If you would like to get involved with the BPP Advocate of the Year Moot and represent the University of Aberdeen, or other external moots, follow us on social media to receive regular updates!