Mooting is an age old tradition whereby people who are not yet legally qualified compete in a mock appeal hearing – it is a court room based activity, similar to a mock trial, but without evidence in chief.

In a standard moot, the mooting problem will resemble a set of facts about the case in hand. The competitors will be divided into two opposing counsels (one arguing for each side of the law), and within each counsel there will be a Junior and Senior advocate.

It is the object of the moot to persuade the judge that your account of the law is correct and should be favoured. One counsel will argue in favour of the appeal (the Appellants) and their counterparts will argue against the appeal (the Respondents).

Mooting is an essential skill for any aspiring advocate, since it instils the ability to think on one’s feet and draft often complex legal submissions in advance. Mooting is a discipline, requiring commitment (via preparation of your submissions) and performance before an experienced judge and your opponents.

There are strict rules of etiquette, which shall be explained further on.

Even for those of you not intent on a career at the Bar, mooting offers a unique opportunity to vastly improve your capabilities of legal reasoning and public speaking.

The moot problem will start with an account of the facts of your case. The facts are not in dispute, making it pointless to attempt to base your arguments upon your assumptions of what may have happened.

Moot problems are invariably based around appeals, which accounts for the closure of considerations on fact. The end of the moot problem will outline the grounds of appeal, usually split into two grounds.

Often, the opening ground of appeal will focus upon a legal question of principle and the second a question of policy.

The Senior Appellant will argue in favour of the first ground of appeal, whilst the Junior Appellant will argue in favour of the second grounds of appeal.

Accordingly, the Senior Respondent will argue against the appeal being allowed and their Junior will argue against the second grounds of appeal.

“My Lord/Lady” – One uses this to directly address the judge, which is appropriate at any time, provided no one else is already speaking).
“Your Lordship/s” – One uses this to indirectly address the judge, i.e. whenever one would usually say ‘you’ in informal conversation.
“M’Learned Friend” – Addresses the opposing counsel, either Junior or Senior.

It is only acceptable to wear smart, formal dress for moots, regardless of which level you are competing at. Black (or dark blue/grey) suits, with white shirts is ideal. Gentlemen should wear a tie.

You must never speak in personal terms, such as ‘I believe’ and ‘I feel’. As an advocate, you are merely an intellectual gun-for-hire. The judge does not care for your personal opinions. Use only appropriate, impersonal phrases such as ‘It is submitted’ and ‘It is argued’.

When referring to cases, one should never say “versus” or “V.”, but instead use the word “and”. For example: -

Turner v. Wills (2006) 1AC 734 “In the case of Turner and Wills, which is reported at page seven-hundred and thirty four, in volume one of the Appeal Court reports of 2006.”

These are the written submissions of advocates, presented in a standardised format. A sample skeleton argument will be available for your perusal. The importance of skeleton arguments is that the judge and both counsels understand the substance of their opponents’ arguments (as well as their own!).

Skeletons are exchanged between all mooters and forwarded to the judge 48 hours prior to the moot. The skeleton should include a concise statement of your arguments, preferably with each statement supported by authorities. An authority is usually a previously decided case. Cases in the UK jurisdiction are obviously more weighty authority and the higher the level of court, the better,

The doctrine of precedent provides that courts are bound to follow the past decisions of courts at the same (or higher) level compared to their own. It is thus important to be aware of precisely what you are asking the judge to rule e.g. it is markedly more difficult to persuade a Court of Appeal judge to depart from a prevailing House of Lords decision than it would be to uphold it.

On the day of the moot, you will be expected to compile a hearing bundle for the judge’s use, inclusive of copies of all of your authorities and skeleton arguments. None of these documents should be marked or annotated.

Some moots will be won ‘on your seat’ (in your written submissions, the skeleton argument), whilst others will be won ‘on your feet’, by dealing with judicial interjections and countering your opponents’ points at the moot. The making of a good mooter is a highly subjective question, but must undoubtedly include the ability not only to grasp legal principles, but to persuasively present those facts in their most advantageous light.

The ability to diminish the importance of your opponent’s arguments is also crucial, using appropriate tone and pitch. Mostly, your performance will reflect the degree of preparation and knowledge of all possible areas of the law that are at play. Reading directly from your skeleton argument is highly ill advised, as is skimping on preparation.

Speaking in an impassioned way may be tempting, particularly if you have debating experience. However, it is imperative to remember that the art of mooting is based on objectivity and the impersonalisation of legal arguments. Using variations in the tone and pitch of your voice is a useful method of adding emphasis to your submissions, but retaining an air of impartiality is also key.

Top-Ten Mooting Tips: -
1. Leave yourself plenty of time to prepare
2. Submit your skeleton ahead of the deadline (usually 48 hours prior to the moot)
3. Learn all the intricacies of the relevant cases, both facts and reasoning
4. Distinguish your case from those that do not favour your client
5. Analogise your case to those cases that do favour your client
6. Use correct salutations to the judge and opponents alike
7. Be prepared for judicial intervention and address them directly and concisely
8. Be prepared to concede elements of your argument – but do not give up hope on those that you still have faith in; once a point is conceded you will not be able to revive it.
9. Speak as slowly and clearly as possible at all times.
10. Enjoy yourself!

King’s College has several main moots open to undergraduate students of all levels, the Law Society’s Baker & McKenzie Competition and the Bar Society’s Annual Mooting Competition.

Additionally, many King’s students, who have enjoyed great notable success in recent years, enter external mooting competitions such as the Jessup International Law Moot, to represent Kings College London.