Edinburgh Napier Students win Lord Jones Mooting Competition 2023
Michael Kerr and Lewis Hay have become the first Edinburgh Napier University students to win the Lord Jones Mooting Competition, an annual inter-varsity event that is hosted by the University of Dundee Mooting Society.
The competition aims to promote and develop advocacy skills for law students, which they can use when starting off in their careers and apply in many other aspects of life. The late Lord Jones was a Dundee Law School Graduate and the honorary president of the mooting society.
Lewis was motivated to get involved as he has a major interest in public speaking, and he encouraged Michael to join him and form one of twelve pairs who competed.
This year’s problem was focused on Employment Law surrounding the topic of vicarious liability.
The problem centred on a sexual misconduct claim regarding an agency worker who was accused of sexually assaulting an employee of a company. The company (the end user) was held responsible for this conduct, as a result of vicarious liability; however, it was alternatively argued that both the agency and end user were jointly liable – through dual vicarious liability.
Michael played the role of junior council and took on the first part of the test; that the worker was an employee of the end user and the agency, to potentially support the idea of dual vicarious liability.
Lewis, having the role of senior council, focussed on the second part of the test which was connecting the relationship between the conduct of the worker and the field of activities of the employer. It was argued that the conduct would not have arisen without prejudice to her “employment” with the end user.
Delighted with their win, Lewis and Michael feel the competition was a great way to develop confidence through communicating different sides of their argument whilst also working under pressure and facing intense judicial intervention.
Professor Richard Whitecross, Head of Law at Edinburgh Napier said: “We are proud of Lewis and Michael, their success, and the hard work they put into securing this achievement.”
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