SQE2 Advocacy & Persuasion 2

Question 1

In a bail application, the advocate for the defence should address which key statutory factors?

Accepted Answer

Grounds for refusing bail under the Bail Act 1976 and why they do not apply

Answer

The Bail Act 1976 specifies statutory grounds for withholding bail (failure to surrender, committing offences, interfering with witnesses); defence advocacy should demonstrate these grounds are not met.

Question 2

When addressing a tribunal, the cardinal rule of oral advocacy is to:

Accepted Answer

Be clear, concise and structured, adapting to the tribunal's questions

Answer

Effective oral advocacy requires clarity of structure and argument, responsiveness to the tribunal's concerns and brevity — reading out notes rigidly is considered poor practice.

Question 3

In the Court of Appeal (Civil Division), permission to appeal is generally required except:

Accepted Answer

For appeals against committal for contempt

Answer

By statute, appeals against committal orders do not require permission, reflecting the fundamental importance of liberty in those cases.

Question 4

An advocate who realises they have inadvertently misled the court must:

Accepted Answer

Immediately correct the court at the earliest opportunity

Answer

The duty not to mislead the court is an ongoing obligation; if an advocate has inadvertently misled the court they must correct the position immediately regardless of the impact on their client.

Question 5

Skeleton arguments in civil advocacy are primarily intended to:

Accepted Answer

Provide a structured overview of arguments and key authorities in advance

Answer

Skeleton arguments set out the structure of oral submissions, identify key legal authorities and define the issues in advance, enabling the tribunal to prepare for the hearing.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Advocacy & Persuasion 2