Learning Outcomes
After reading this article, you will know how to structure oral submissions, respond to judicial interventions, and maintain clarity and professionalism when questioned by the judge. You will be able to handle judicial interruptions, address direct questions from the bench, and manage time pressures while ensuring your submissions remain focused and effective—core skills for SQE2.
SQE2 Syllabus
For SQE2, you are required to understand the expectations for oral presentations and how to deal with judicial interventions. Focus your revision on:
- The required structure for oral submissions in both civil and criminal hearings.
- Techniques for answering and incorporating judicial questions and interventions during oral argument.
- Obligations of candour, accuracy, and assisting the court when answering direct questions.
- Recognising the impact of judicial guidance or redirection on your argument.
- Remaining composed, concise and focused amid judicial interruptions or time constraints.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What must you do if the judge asks you for a specific legal authority during your oral submission?
- How should you respond if the judge appears to misunderstand a material point in your argument?
- What actions are expected if the judge interrupts and directs you to a different issue than your planned structure?
- What professional duty do you have if asked a question by the judge to which you do not know the immediate answer?
Introduction
Clear, structured oral submissions are a core skill for both advocates and solicitors appearing in court. In SQE2, you must show that you can present arguments that are reasoned, responsive to the bench, and focused on the relevant legal issues. Judges frequently interrupt to clarify matters, ask about the law, test your reasoning, or direct submissions to specific points. Handling judicial interventions calmly and professionally is both an assessed skill and a realistic expectation of every court hearing.
Key Term: Oral submission
A structured argument or application delivered verbally to the court, setting out a party's position on facts, law, or procedure.Key Term: Judicial intervention
Any question, direction, or observation made by the judge during oral submissions that requires acknowledgement or a response.
Structuring Oral Submissions
Every oral submission should have a clear plan. Begin with a concise introduction stating your name, your client, the purpose of your submission, and the order or outcome you seek. Use signposting to highlight the structure—e.g., "I will address three points: first, the relevant law; second, the facts; third, why the court should grant the order."
Move through your argument logically: relevant law or rule, key facts, and analysis. Refer directly to authorities or procedural rules when appropriate; be ready to direct the judge to any specific section or page if required.
Voice and body language matter. Speak clearly, maintain eye contact with the judge, and watch the judge's pen or typing—adjust your pace if you see the judge is making notes.
Key Term: Signposting
The technique of verbally highlighting the structure of an argument, making it easier for both court and opponent to follow your reasoning.
Worked Example 1.1
You are making an application to set aside default judgment. The judge interrupts: "Counsel, on what rule do you rely for this application?"
Answer:
Clearly and promptly provide the rule: "Yes, Judge, I rely on CPR 13.3, which gives the court discretion to set aside judgment in default where the defendant has a real prospect of success or there is some other good reason. May I direct you to the relevant wording at page 47 of the bundle?"
Responding to Judicial Interventions and Questions
Judicial interventions are routine and should be met as opportunities—not obstacles. When interrupted, stop speaking immediately and listen to the judge's full question or point. Pause to consider your answer, and acknowledge the intervention respectfully ("Sir," "Madam," or "Judge"). Give concise, direct answers, referencing the law, facts, or your bundle as necessary.
If you do not immediately know the answer, admit this candidly: "Judge, I do not have that authority to hand, but I can look it up if the court would permit." Never guess or mislead. Always offer to assist the court.
Key Term: Assisting the court
The advocate’s continuing duty to support the court with honest, complete, and helpful explanations of the law, procedure, or facts.Key Term: Judicial courtesy
The advocate’s obligation to address the judge with respect and composure at all times, even when challenged or directed in unexpected ways.
Worked Example 1.2
During a contested application, the judge asks, "Can you take me to the part of your client’s evidence that supports this assertion?"
Answer:
Calmly reply: "Certainly, Judge. If I may refer you to paragraph 6 of Mr Ahmed's witness statement, at page 15 in the bundle—there, he sets out precisely when and how the payment was made."
Managing Redirection and Time Pressure
Judges may direct you to address an issue you did not expect, or accelerate your summary if time is short. Accept any change of topic or instruction promptly. If redirected, move immediately to the point requested, then, if allowed, return briefly to any key argument left unfinished.
If the judge is short of time, identify and address only the central points. Be flexible—do not insist on following your original sequence if the judge has made their priorities clear.
Worked Example 1.3
In a costs application, halfway through your argument, the judge interjects: "Counsel, let’s focus on proportionality—what is your best point on that?"
Answer:
Respond directly and succinctly: "Sir, my primary point on proportionality is that the costs incurred are reasonable given the complexity and quantum involved. The total costs are a small proportion of the sum in issue."
Exam Warning
If you fail to answer a judge's question directly or ignore a redirection, you may lose marks for structure and responsiveness. Always pause, listen, and respond directly, even if it means altering your planned sequence.
Correcting Errors and Misunderstandings
If you realise you have made a factual or legal error during your submission—especially if the judge signals confusion or challenge—correct yourself immediately and politely. You must also clarify any misunderstanding if the judge misstates a material fact.
Worked Example 1.4
The judge says, "I’m not sure that's what the rule states, Counsel." On reviewing, you realise you misspoke.
Answer:
Promptly correct yourself: "Apologies, Judge, I misspoke. The correct position is that the time limit is 14 days under CPR 23.7, not 21 days as I previously indicated."If the judge misunderstands something material and this could affect your client, politely clarify: "Sir, if I may, my previous submission was that service occurred on 10th May, not the 20th."
Professional Conduct When Answering Judicial Questions
You are professionally required to assist the court, act with independence, and never mislead. Always address factual or legal errors; do not conceal difficulties. If asked a question you cannot answer, state so, and explain how you will find or deliver the answer if possible—e.g., by consulting materials or seeking further instructions.
Key Term: Professional candour
The advocate's obligation to be truthful and clear with the court, even when that involves admitting error or lack of knowledge.
Returning to Your Argument After Intervention
After responding to an intervention, return to your sequence—"If I may continue, Sir..." Be sure to restate the main submission or order you seek before finishing. Stay calm, maintain your structure, and thank the judge for their assistance or questions before concluding.
Key Point Checklist
This article has covered the following key knowledge points:
- Oral submissions require clear structure, concise language, and logical sequencing.
- Judicial interventions and questions are to be welcomed, not avoided; always listen carefully and respond directly and respectfully.
- If asked for authority or evidence, reference it immediately or candidly explain if unavailable.
- Correct yourself immediately if you identify an error, or if the judge is mistaken about a material fact.
- Maintain professionalism under pressure and time constraints; always return to your principal argument.
- Your duty includes assisting the court and acting with candid honesty at all times.
Key Terms and Concepts
- Oral submission
- Judicial intervention
- Signposting
- Assisting the court
- Judicial courtesy
- Professional candour