Page 263 - Magistrates Conference 2019

TEMPLATE FOR PREPARING BRIEF ORAL JUDGMENT

1. INTRODUCTION- Who are the parties to the litigation and how do they interface with

each other in relation to the litigation: Who Did What to Whom, or Who’s Arguing about
What?

2. ISSUES- List of the issues to be determined in the order in which they are to be decided.

3. BACKGROUND- Relevant evidence that gives rise to or helps to determine the list of
issues.

- Heading for 1 issue, followed by analysis on this first issue.
st

Note: Losing Party’s Position (LOPP)/Flaw in Losing Party’s Position (FLOPP):

State first the submission/argument of the party whose view on this issue the court

does not accept.

Then state why the court does not accept that view.

- Heading for 2 issue (if any), followed by LOPP/FLOPP analysis (as above)
nd

- Heading for 3 issue (if any), followed by LOPP/FLOPP analysis (as above)
rd

(Add a row for each additional issue)

4. CONCLUSION: Order, costs, recapitulation of reasons if appropriate.