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.
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