ESU-Essex Court Chambers National Mooting Competition 2022: Round 1 Win for Aberdeen versus Dundee

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.  

By row from the top, left to right: Daniel McKernan (Junior, Aberdeen), Syed M. Humaid Adil (Senior, Aberdeen), Daven Mitchenson (Clerk), Isla Macleod (Junior, Dundee), Samuel C. Varcarcel (Senior, Dundee), Lewis Whitaker (Coordinator, Dundee) and Professor S. Bailey (Judge, Nottingham)

The first round's case concerned a nightclub whose bouncer, a retired police officer, had assaulted and falsely imprisoned an employee of the nightclub believing her to have stolen money from the nightclub. The case was made particularly interesting with the assault having taken place two weeks after the bouncer last worked at the nightclub, on his own time, while he was employed at another company but on the nightclub's premises. The victim was successful in making out her vicarious liability claim before the High Court with the Court of Appeal upholding this judgment. The nightclub, represented by Aberdeen, appealed to the UK Supreme Court. This case bucked the trend on nightclub vicarious liability vis-a-vis the torts of their bouncers on the facts. The law relating to vicarious liability has also been "on the move" with landmark decisions in recent years such as Barclays plc (2020). 

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!