Presentation title Independent Outdoor Mock Trial Ian Slater

Presentation title: Independent Outdoor Mock Trial Ian Slater Partner, DWF LLP 17 th November 2014 Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk Go further

Introduction #1 • In order to make the day as ‘real’ as possible we have chosen to use an actual case as the template for this ‘mock’ trial • Please bear in mind that none of these events that you are going to hear about are pleasant. A young man was irreversibly injured and will now spend the rest of his life in a wheelchair as a result of his actions. • This was a case which I dealt with on instruction from Dave Harrison who is the Head of RSA’s Major Injury Unit. The case is now closed. • The basic content has not been altered although, out of necessity, we have been required to limit various issues in order to try to make the day run as smoothly as possible • Although the identities have all been changed I would ask you to bear in mind that there are individuals behind the façade which we have created and, accordingly, treat the evidence which you hear sensitively Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk 2

Introduction #2 • Please ignore any potential claims against other parties: for today’s purposes we are focusing on any potential liability attaching to the Acme Academy • You may need to allow us a degree of dramatic licence. • You have all had access to (and hopefully have had the chance to read in advance of today) – Particulars of Claim – Defence Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk 3

Running Order • As an overview of the day’s events we will do our best to stick to this running order • There is a lot to get through and it is difficult to plan witness evidence down to the last second so please bear with us and we will do our best to make things run as smoothly as possible • You will have the opportunity to discuss the progress of the case and ask factual questions during the course of the day although I would prefer that the majority of the more detailed questions be left until 3. 15 pm if possible Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk Time Speaker Content 10: 45 11: 00 11: 15 11: 30 11: 45 12: 00 12: 15 12: 30 12: 45 13: 00 13: 15 13: 30 13: 45 14: 00 14: 15 14: 30 14: 45 15: 00 15: 15 15: 30 Ian Slater Overview and explanation + First Vote Opening Submissions + Distribution of Witness Statements Coffee Witness Evidence Second Vote Lunch IO Annual report Closing Statements and Third Vote Judgment Regulatory Implications Q & A / Focus Group Various BREAK John Allen Various James Rowley QC Steffan Groch ALL 4

Facts Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk

The Claimant • Name: Sam Thompson • DOB: 16 th August 1990 • Accident occurred on 7 th July 2007 when the Claimant was on an organised school trip to the Lake District • Claimant aged 16 years 11 months as at the date of the accident Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk 6

The Accident • The purpose of the school trip was to compete in the UK school’s handball championship which was being held in the Lake District. Please therefore imagine: – A sports event attended by a number of different schools; – A sports event organised by one main governing body • The accident occurred on the 3 rd evening of the event at a BBQ organised by one of the other schools • The 1 st evening had been a welcome event and the 2 nd evening had also been a BBQ at the same venue Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk 7

The Venue • The BBQ took place next to a river • It is a local swimming river • The teacher in charge had updated his pre-event risk assessment of the venue on the 1 st night and typed it up on his laptop that very same night Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk 8

Group Structure • Trevor Long was the teacher in charge of the trip – He is an experienced teacher who had organised many previous trips • In addition to Trevor there were 2 more teachers and 1 teaching assistant • Frank Little was the teaching assistant – He is a 25 year old TA who had previously represented GB at handball • There were 28 pupils on the trip all aged between 16 & 17 Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk 9

Risk Assessments • Trevor had undertaken a first risk assessment prior to the group departing for the Lake District • Trevor prepared a second [updated] risk assessment on the evening of 6 th July (after the group had arrived) Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk 10

Evening - 7 th July 2007 • The group decided to split into two with 11 pupils wanting to go to the BBQ being organised by the ‘rival’ school • Frank Little volunteered to accompany them • At @ 20: 00 after the group had been at the venue for 15 – 20 mins Sam Thompson stripped off to his swimming shorts • From a distance of about 30 metres or so Little saw him strip off and states: “… it looked to me like he was intending to go for a paddle or a swim…” • Thompson then ran towards the river bank and ‘racing’ dived in • He walked out of the water and repeated the trick: by this point a crowd was gathering and they created a ‘run-way’ for him to launch himself down • On the third occasion Thompson was injured Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk 11

Voting Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk

Voting #1 • We will have 3 votes during the course of the day: – The first will take place immediately after I have finished; – The Second will be following the opening speeches by counsel for both parties; – The third will be immediately before the judgment which will be delivered by our judge for the day, James Rowley QC Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk 13

Voting #2 • There will be one vote per table • We will give you exactly 5 minutes prior to each vote to debate amongst yourselves how you intend to vote • There are two issues for you to consider on each vote – Firstly, is the Acme Academy liable for Sam Thompson’s injuries? Only if you answer ‘Yes’ – Secondly (expressed as a percentage) to what extent is the Acme Academy liable for Sam Thompson’s injuries? Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk 14

Over to You Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk

Vote No. 1 • Your 5 minutes starts now • Please take time to introduce yourself to your colleagues if you haven’t done so already • Could I ask that one person per table takes responsibility for writing down your answer • Just by way of reminder: answer – ‘Yes’ or ‘No’ to liability on the part of the school – Only if you answer ‘Yes’ should you give me a % identifying the school’s level of responsibility Private & Confidential. Not for distribution. ©DWF LLP 2014 www. dwf. co. uk 16

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