mardi 29 octobre 2013

Moot Court - Writ of Summons - Example

Here is an example for the Writ of Summons. It had been written by students from the previous year. Please note that this is just an example. It does not necessarily stick to the facts of your case. Don't simply copy and paste it...


 
 
 
 
 
In the name of the County Court of Portsmouth

December 1st, 2011

 

Between :

 

§  Jean Arthur BOYER and his legal representatives Mr and Mrs BOYER Michel, represented by Mrs PESNEL Pauline and Mrs LAINE Ophélie (Fish & Cage LLP).

And

§  Robert ANDERSON, represented by Mr Nicolas RZEZNIK et Mr Paul VERDIER.

 

Elizabeth the second by the Grace of God of the United Kingdom of Great Britain and Nothern Ireland and of Our other Realms and Territories Queen, Head of the Commonwealth, Defender of Faith :

To : Robert Anderson
Of : Ruskin Road
Porstmouth PO4 8, UK
ENGLAND

We command you that within 14 days after the service of this writ on you, inclusive of the day of service, you do cause an appearance to be entered for you in an action at the suit of :

JEAN-ARTHUR BOYER, 3 RUE JULES SIEGFRIED, 76600 LE HAVRE

And take notice that in default of you doing so the plaintiff may proceed therein, and judgment may be given in your absence.

 

Mr BOYER’S CLAIM IS FOR:

-Damage for bodily harm,
-Damage for mental injury
-Damage for non-pecuniary damage
-Damage for financial loss (repayment of the hospital fees and the loss of chance to participate to an international bridge competition which prize was 15,000 £.

 

FACTS

 

In December 2010, our client Jean-Arthur BOYER (JA) and the Portsmouth Bridge Club headmaster Robert Anderson (Bob), began a written correspondence in order to negotiate the contract for the giving of a master-class to the Portsmouth Bridge Club. They both agreed on a salary of 50 pounds for the day. Bob added “We will look after you during your stay […] I promise”.

On 15th of January, the plaintiff arrived at Portsmouth and gave his class as it was foreseen. After the class, the defendant offered JA to join the whole team in a pub. JA came by later in the evening and was offered some drinks by Bob.

As JA is not really fluent in English he started to talk to Bob’s girlfriend, Casey who was the only French speaker and sat next to him. Bob obviously got jealous and threatened JA by grabbing his shirt and yelling “You may be my guest but if you keep chatting up my girlfriend, I’ll kill you”. As Bob was trying to kiss his girlfriend goodbye, she pushed him and he felt to the floor. When he came back up, he apparently wanted to hit Casey but hit violently JA instead. Our client smashed onto the table which consequently broke into parts and crashed on the floor. He barely managed to stand back up and immediately ask for an opportunity to lie down because he was feeling miserable.

Bob walked him to a room and laid him on the floor. He noticed that JA was passing away but just opened the window and walked away letting him alone and not caring any further about him. On top of that it was very cold outside and it was foreseeable that it was about to snow. 

He woke up completely wet and cold. Seriously wounded, disoriented and confused, the plaintiff took some time to realize what happened last night, and pull himself together. As nobody heard his cries for help and he was left back all alone he put all his forces together to call an ambulance. 

At the Portsmouth Regional Hospital, Dr Howard Jenkinson certified that JA was checked by the nurses and found in good wealth. The medical core advised him to go back home which he did. He indeed managed to take a ferry back to Le Havre but his condition got worse and worse during the journey.

As a result he was admitted to the emergency service of the Hospital of Le Havre the following day. He was diagnosed a pneumonia and 3 broken ribs and consequently stayed in his bed for four weeks and missed 3 important International Bridge Competition including one happening in Beijin with a prize of 15,000 pounds. JA had a nervous breakdown and as result became depressed. He is currently followed by a psychologist.

 

DISCUSSION

We will first examine the very source of the damage of our client that is to say the trespass inflicted by Bob to Jean-Arthur.

I.                    Trespass to the person

Strongly convinced that both assault and battery cannot be denied in our case, we will demonstrate it to our distinguished judges.

1.      Assault

Assault is defined as …

First of all…

We have to add to these arguments that …

In addition, Jean-Arthur was …

Seeing those arguments, the Court must declare Bob liable for assault.

Now that we have proved that Bob assaulted Jean-Arthur, we will prove that he also committed battery on him.

 

B.     Battery

Battery is the intentional and direct application of force to another person. There are 3 elements to consider: Force, Direct Application and Intent.

Etc…

The Defence may argue that…

To conclude, we will reaffirm that Bob is liable for two different trespasses to the person which are ASSAULT and BATTERY. As a result, the Court must declare Bob liable for battery.

But trespass to the person is not the only source of Bob’s liability. Indeed, we also plea for Bob’s negligence to be recognized.

 

II.                 Negligence

A.    Damage
(...)

B.     Duty of care
(...)

C.     Breach of duty
(...)

D.    Causation

 (...)

III.               Mitigation

(…)

IV.              Damages

As a result of Bob’s negligence, assault and battery, our client suffered many damages. Among these, we do claim a compensation for: Damage for bodily harm (A) ; Damage for mental injury (B) ; Damage for non-pecuniary damage (C) ; Damage for financial loss (D).

A.    Damage for bodily harm

B.     Damage for mental injury

C.     The non-pecuniary damage

D.    Damage for financial loss

(i)                 Hospital charges

(ii)               Loss of chance

Conclusion

It is asked to the Court that the defendant:

-          Be declared liable for trespass to the person and negligence ;

-          Be condemned to pay 18, 350£ to Mr Jean-Arthur BOYER.

 

samedi 12 octobre 2013

Remise de diplômes aux Majors de promo 2012-2013







Hier, nous nous sommes tous rendus à la cérémonie de remise de diplômes qui a eu lieu à l'université du Havre. La soirée était présidée par M. Marc Feuilloley, notre Doyen, M. Pascal Reghem, Président de l'Université et M. Marc-Antoine Jamet, Secrétaire Général de LVMH et Parrain de l'évènement.

Plusieurs représentants du secteur public ou du monde de l'entreprise étaient avec nous ce soir-là. Et bien entendu, les amis, famille et camarades de nos diplômés sont venus nombreux les applaudir...

FELICITATIONS A NOS JEUNES DIPLOMES!
 

***

Yesterday, we all went to the graduate ceremony which took place in Le Havre Unversity. The ceremony was introduced by M. Marc Feuilloley, the University Dean, M. Pascal Reghem, the President of the University and M. Marc-Antoine Jamet, Secretary General of LVMH, who was the 'Parrain' of the ceremony. Many officials and representatives from both the public and the private sector had come to our university for this incredible evening.
And of course, friends, family and fellow students...

CONGRATULATIONS TO ALL OUR GRADUATE!