So, you want to be a Judicial Assistant in the Court of Appeal?
Background
If you have seriously considered a career at the Bar, you will no doubt be aware of how important it is for your CV to be as competitive as possible to attract the top sets. One of the staple features of a strong, pupillage-ready CV is doing a stint at the Court of Appeal as a Judicial Assistant (JA). The scheme has been running for over 20 years, with many going on to have illustrious careers at the Bar. This does mean, however, that places are highly competitive and attract the brightest and most serious candidates for pupillage.
Application process
The application process is in two parts: first, you complete an online written form on the Ministry of Justice application portal; second, you attend an assessment and interview with a Lord or Lady Justice of Appeal and a Master.
Written component
The application form is based on the Civil Service competencies framework. This is a set of descriptors designed so that applications to the Civil Service can be tailored to their most valued competencies. These can be found online. It is important that you read the competencies and tailor your answers to them, rather than answering each question only according to the STAR method. You can do this by framing your answers using the language of the descriptors for each competency. There may even be a Civil Service representative reviewing your application to ensure that the competencies have been met. The questions themselves will still require you to follow the STAR method. Make sure you think of your best example, explain how it made an impact, and (importantly) link it to how you would make an excellent JA.
Assessment day
The interview is made up of several parts: a written assessment, discussion of a case sent in advance, and general motivation and competency questions. Upon arrival, you are given a set of facts with a series of legal questions to consider. You are asked to prepare a written answer to the questions and then discuss your response with interview panel. They will probe your reasoning and it is important that you: (a) can recognise when you are wrong and cede a point, and (b) stick to your guns if you think you are correct. This is the kind of independent judgment the Justices are looking for in their JAs – they are not looking for a yes-man!
The next stage of the assessment day will involve a discussion with the panel of a (usually Supreme Court) judgment that you will have been sent in advance of the interview. It is important that you study this case inside out, paragraph by paragraph: You should learn the facts by heart, understand what the lower courts said, and be able to describe clearly and succinctly what the decision was at each level (including any separate concurring and dissenting judgments). Make sure to highlight any passages in the judgment that are unclear or feel illogical or extreme. It is likely that the judges have noticed these points too and will probe you on those paragraphs at interview. The final part of the interview will be follow-up questions, including a mix of competency-based, biographical and motivation questions. These can include: tell us about a time you worked well in a team, tell us about your dissertation topic, and have you every worked with or represented a litigant in person? Be prepared for follow up questions: e.g. “now argue the opposite”, etc.
Tasks and responsibilities
JAs at the Court of Appeal assist the judges in two main ways: first, by preparing written summaries of appeal cases and permission to appeal applications; and second, by attending appeal hearings and taking notes of points raised in oral submissions. The judges will also likely ask you to carry out other ad hoc tasks too, e.g. proofread a judgment, prepare a speech to be delivered externally, and look after interns and mentees who may be marshalling them for the day.
The first task is the most important. JAs must prepare “case summaries” of applications for permission to appeal to be determined by the judge they are assigned to. You will need to read and summarise for your judge (a) the judgment below and (b) the parties’ grounds of appeal and submissions, before arriving at your own conclusion on the merits (i.e. whether permission to appeal should be granted or not). The judge will often discuss your opinion in a meeting the next day. Second, JAs must prepare “bench memos” of appeal cases before the appeal hearing takes place. This is for appeal cases which have been granted permission to appeal and are listed for an upcoming hearing. The purpose bench memos is to familiarise the three judges on the panel with the factual and procedural background of the case, the judgment below, the parties’ arguments on appeal, as well as your own opinion on the merits of appeal (i.e. whether the court should allow or refuse the appeal).
Disclaimer: this is the process as it was in 2023-2024. Updates and variations to the process may have taken place since.
