“FORENSIC SPEED DATING” IS NOT A DESIRABLE EXERCISE: PRACTITIONERS SHOULD LIMIT THE NUMBER OF AUTHORITIES CITED
In a post-script to the judgment in Invest Bank PSC v El-Husseini & Ors [2023] EWHC 2302 (Comm) Stephen Houseman KC, sitting as High Court Judge, raised concerns over the number of authorities cited and the impact this has on…
THE UNSETTING TRUTH ABOUT SETTLING PART 1: MORE MISSIVES FROM CANADA: “EXPERIENTIA DOCET”
We are continuing with our look at articles by the retired Canadian judge, The Honourable Joseph Quinn. For those who haven’t read them. For those unfamiliar with his work it is always worth reading Things Lawyers do to Annoy Judges, and…
CONCISION AND BREVITY IS BEST: (I’M SAYING THIS AGAIN…): EXAMPLES FROM HOME AND ABROAD
I am mining the back catalogue of this log (that is repeating myself again) to look at a post originally written in August 2016. It looked at judicial complaints about the length of submissions. This was where the judges were…
ON THIS BLOG NINE YEARS AGO: WITNESS STATEMENTS, WITNESS CREDIBILITY AND WITNESS SUMMARIES
Continuing with the series looking a posts from this blog from the past, here we look at posts from June 2014. This was an interesting month, the blog set out all the arguments that took place in the Denton decision. There…
APPEALS, BUNDLES AND “SPEAKING NOTES”: BUNDLES(INCLUDING PAGE NUMBERING) GO AWRY: A “SPEAKING NOTE” IS NOT TO BE USED AS A SUPPLEMENTARY SKELETON ARGUMENT
The judgment of Mr Justice Ritchie in Masih & Anor v Royal Wolverhampton NHS Trust [2023] EWHC 1280 (KB) contains many matters of interest in relation to the conduct of the trial and appeal. Here we look at two aspects:…
VULNERABLE WITNESSES IN THE CIVIL COURTS: THE VULNERABLE WITNESS SHOULD NOT HAVE BEEN SHOWN CROSS EXAMINATION QUESTIONS IN ADVANCE:
There are relatively few cases relating to vulnerable witnesses in civil courts. In GKE v Gunning [2023] EWHC 332 (KB) Mr Justice Ritchie considered the terms of an order made to protect a vulnerable witness. Although the wording of the…
“HYPERBOLIC COMMENT” NOT WELCOME IN LITIGATION: HIGH COURT JUDGE SENDS OUT A WARNING: PLANE LANGUAGE IS BEST…
In Peregrine Aviation Bravo Ltd & Ors v Laudamotion GmbH & Anor [2023] EWHC 48 (Comm) Mr Justice Henshaw was critical of “hyperbolic comment” in relation to the witness evidence. This is not the first time that a judge has…
THE KEY POINTS OF DRAFTING WITNESS STATEMENTS: A GUIDE – FROM 1951: A HOMAGE TO JOHN MUNKMAN
There are several hundred posts on this site about the drafting of witness statements. These are usually written about because things have gone awry. The skill and effort involved in drafting a proper and appropriate witness statement are often overlooked. …
ADVOCACY THE JUDGE’S VIEW SERIES: “THE ROLE OF THE SOLICITOR IN THE CASE HAS ASSUMED GREAT IMPORTANCE”
The blog is getting to the age when I feel free to repeat things. Reader numbers have increased over the years and I am selecting posts of general application, rather than contemporary case law. We are looking again at the…
DRESSING FOR COURT: GUIDANCE AND TWO NEW USEFUL LINKS
Two posts on the “Yetanotherbloggingbarrister” blog are worth reading on the, sometimes difficult, question of dress for pupil barristers. I provide the links here. This provides a chance to look again at guidance given more widely. Not only for pupils…
THE ART OF CROSS-EXAMINATION: A JUDGE’S GUIDE: “STOP WHEN YOU GET WHAT YOU WANT”
The judgment in of Mrs Justice Cockerill in King & Ors v Stiefel & Ors [2021] EWHC 1045 (Comm) is a long and complex one. The case is worth reading because of the principles it sets out for pleading a…
SIR HARRY OGNALL: A TRIBUTE: SOMEONE PROUD TO BE DESCRIBED AS A “GORILLA FROM THE NORTH”
The death was announced today of Sir Harry Ognall. In January 2018 I reviewed his book A Life of Crime” . This is an appropriate time to pay tribute by reminding people what a remarkable book this is, written by a…
THINGS THAT LAWYERS DO TO ANNOY JUDGES: SCOWL AND POUT… & ROLL YOUR EYES
For the past two weeks we have been looking at some of the judgments of Canadian judge Mr Justice Joseph W. Quinn. To complete the series we will look again at the guidance he gave to the Ontario Bar Association in…
MORE GUIDANCE FROM JUDGES ON PREPARATION AND ADVOCACY IN REMOTE HEARINGS: “WEAR PANTS, SEQUESTER PETS”
I started the day with a look at guidance for remote hearings. As is often the way more useful guidance came out this morning in Bloomberg Law “Wear Pants, Sequester Pets: Five Tips From Judges for Zoom Court”. THE GUIDANCE…
REMOTE HEARINGS AND REMOTE ADVOCACY: USEFUL LINKS FROM THE UK AND BEYOND…
Lawyers all over the world are getting to grips with advocacy via a computer screen. This is an opportune time to look at the useful guidance out their for those undertaking and preparing hearings and trials that are heard remotely….
ADVOCACY THE JUDGE’S VIEW SERIES 4: PART 2: GET TO THE POINT QUICKLY
There are many posts on this blog under the “Judge’s guide to advocacy” series. Today’s post is based on a single tweet. The tweeter known as “Judgitis” wants people to get to the point quickly. THE TWEET Judge Itis@ItisJudge “If…
HOW TO LOSE A CASE: SILKY GUIDANCE: IGNORE THE FACTS (THAT ALWAYS HELPS)
Today I am encouraging you to read one of the most authoritative and witty articles I have read about being involved in the civil litigation process. How to Lose a Case is a post by Edmund King QC on the…
COURTESY, THE ADVOCATE AND THE LAWYER: TEN THINGS TO THINK ABOUT TO HELP YOUR CLIENTS (AND YOURSELVES)
A tweet from a barrister, this afternoon complained, in essence about the “pointless aggression” of an opponent. It has gathered lots of support. One thing that judges, from around the world, are universally keen on is courtesy. This gives me…
WHAT TO TAKE TO COURT: TEN TIPS FROM THE NICE LAWYERS OF TWITTER (& DOZENS MORE IF YOU FOLLOW THE LINKS)
These must be difficult times for trainees and pupils. One of the things you learn (often the hard way) is what, and what not, to take to court. Trips to court now far less frequent and these essential skills may…
20 PIECES OF ADVICE FOR THE YOUNG LAWYER (& THE REST OF US): WITH A LITTLE HELP FROM MY FRIENDS
This week I have been concentrating on advice given by judges to lawyers. We are now moving on to advice given by lawyers for lawyers. I have selected twenty from dozens (possibly hundreds) of tweets given when I asked on…