Monday, April 4, 2011
MOOT COURT AT UM= 1-4-2011
Appeal Rejected. Judgment of the High Court is affirmed. Court rules in favour of Respondents.
Since the Respondents were unfairly advantaged by submitting that the Appellants application was time barred-that is, the application had exceeded that 40 day period- the Moot Court did not include that point in assessing the Overall Assessment.
Generally, too much reading from notes and Respondents referring to notes which were not available for the Judge and the Appellants. Furthermore there was no objection from the Appellants!! Besides that , it was an okay fight- but Diana's submission tipped the case for the Respondents.
Note: A Judge cannot descend into the arena of litigation to help anyone.A litigant may have done a lot of work, but if a legal point is not mooted before the Court clearly & concisely, the Judge cannot come to rescue the lawyer.
ACTUAL COURT LITIGATION
If the lawyer drowns, the Judge will not throw you a lifeline.You will be eaten by the sharks-that is, the opposing Lawyers. This is the reality of actual Courtroom Litigation.Welcome to the Legal Profession.