Mooting Final Report

The English Speaking Union National Mooting Competition - Grand Final 1999

The 1999 English-Speaking Union National Mooting Competition final took place in the hall of Grays Inn, in London, on 17th June, and MootingNet was there.

The competition was sponsored once again by The Observer and Lovell White Durrant, and the hall's long benches filled with about 50 spectators, from the law firm and both universities.

Proceedings kicked off at 6 pm with an introduction from Cary Kochberg of Lovells, who took the audience through the problem, which had been devised by Richard Leiper, a barrister at 11 King's Bench Walk together with Naomi Feinstein of Lovells. The problem concerned the Transfer of Undertakings (Protection of Employment) Regulations 1981, as amended, and whether these properly implemented the EC Acquired Rights Directive.

The moot was judged by Professor Paul Craig and Andrew Walker, Lovell White Durrant's Senior Partner. Lord Millett was also due to judge the moot, but was unable to attend.

Esther Morris of the University of Greenwich spoke first, encouraging the judges to take into account the effect a purposive interpretation of the law before them would have had on the lower courts. Belinda Ellington, her junior discussed whether the case concerned individual or collective rights, and said herself: 'It is a hard case, my Lord.'

After a ten minute break, Mark Lunny of the University of Glasgow spoke first for the respondents, taking a teleological approach. Martin Graham, who described himself as a 'black letter lawyer', gave the junior speech before Belinda Ellington exercised the appellants' right to reply.

The judges found on the law for the respondents, but after reviewing the performance of each advocate, they decided that Esther Morris and Belinda Ellington of the University of Greenwich had won the moot, with Mark Lunny and Martin Graham of Glasgow coming a close second.

Proceedings ended with a celebratory buffet for all four contenders and their supporters. The winning team took away 1,000 each, 1,000 for their university and the silver Observer Mace. The runners up received 750 each, 500 for their university and the Scarman Shield. The official presentations were carried out at a lunch on Friday 18th June.

Many congratulations to all four mooters, who gave an excellent performance, and the judges described as the best four mooters they had seen.

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