Written submissions

Counsel for the Appellant and Respondent must both hand in Written Submissions. This must indicate the points to be taken on appeal and the order in which they will be presented. Counsel for the Appellant may argue a new point of law not dealt with in the trial judgment.

Written submissions should be concise and state in point form the main arguments. Each distinct point should be separately numbered. The document should be intituled in the same manner as the synopsis but should not normally exceed two pages, the intituling on one page and the points on another.

Drafting your Written Synopsis

Having completed your research on the points on appeal, you should sort through the material which you have accumulated and decide what the real heart of the case is. Concentrate on one or two main points, rather than trying to cover a host of minor details. Decide which arguments require to be supported by authority and which need not be supported.

Carefully select the cases which you are going to cite to the Judge. The process of selection must include a consideration of any contrary authorities if they are relevant to the case. It is your duty to mention any contrary authority, but it may be possible to distinguish it from the instant case. At this stage you should make a final division of the arguments. The division should be logical (you must be very clear whether your submissions are alternative to, or dependent upon those of your co-counsel) and should be fair: one counsel should not “hog” all the best arguments.

Attached here are exemplars for:

Points of Appeal and Counterpoints

Synopsis

Preparing your written submissions

Remember also:

comply with the Style Guide
follow the specific guidelines provided in the marking schedule for your moot.

Next up: Oral submissions

Back to: Researching and forming your argument