“UNSATISFACTORY IN TERMS OF PROCEDURAL HISTORY, PREPARATION, PROCESS AND OUTCOME”: WHAT HAPPENS WHEN YOU TAKE LEGAL REPRESENTATION AWAY
John Vater QC, writing on Twitter, has – rightly- categorised the District Judge Read as a “hero”. When giving judgment in JY v RY [2018] EWFC B16 the judge made a number of telling observations about the profound implications of lack…
ADVOCACY: THE JUDGE’S VIEW SERIES 3: PART 1: THERE IS A SPECIAL RING IN HELL FOR A CERTAIN TYPE OF ADVOCATE (& YOU KNOW WHO YOU ARE)
I had no plans for a further series on judge’s advice advocacy. However my hand was forced. I had to share the talk given by Lord Justice Irwin given to the Professional Negligence Bar Association on the 17th April. It…
VULNERABLE WITNESSES IN THE CIVIL COURTS: EXISTING GUIDANCE AND THE IICSA RECOMMENDATIONS
The criminal and family courts have developed sophisticated methods for dealing with vulnerable witnesses. There is relatively little guidance in the civil courts. This was an issue noted yesterday in the interim report of Independent Inquiry Child Sex Abuse. Here…
ADVOCACY: THE JUDGE’S VIEW SERIES 2 PART 10: EDITED HIGHLIGHTS: AROUND THE WORLD IN 147 DAYS
I never planned to write a second series on advice from judges on advocacy. It started with an article from Master Cook and developed from there.This led us to garner advice from judges around the world. Here are the edited…
ADVOCACY A JUDGE’S VIEW SERIES 2 PART 9: A SURVIVAL GUIDE TO ADVOCACY: “ATTITUDE IS EVERYTHING IN ADVOCACY
Here we look at guidance given in 1998 to lawyers in Canada. Mr Justice Ian Binnie, a judge of the Supreme Court in Canada, was giving the first John Sopinka Advocacy Lecture. As ever the aim is to encourage you…
NO “GRANDSTANDING” PLEASE: THE COURT IS NOT ASSISTED BY RHETORICAL POINTS
It has been a week for the courts commenting on advocates. Earlier we had complaints of advocates interrupting each other. Today we have complaints of “grandstanding”. Reminding advocates that their task is to deal with the legal issues at hand…
ADVOCACY THE JUDGE’S VIEW: SERIES 2 PART 8: EFFECTIVE WRITTEN SUBMISSIONS: “FIRST IMPRESSIONS COUNT” & THE “CHUNKIFICATION” OF ARGUMENTS
This series certainly takes us around the globe. Here I am looking at a paper written by Justice Susan Glazebrook, a judge of the Supreme Court of New Zealand. Her paper on “Effective written submissions” written in 2014. As always…
ADVOCACY – THE JUDGE’S VIEW, SERIES 2 PART 7: HOW TO WIN YOUR CASE: GUIDANCE FROM SCOTLAND
This series looks at guidance on advocacy given by judges. We have looked at advice given from judges around the globe. Today we go to Scotland. The Lord President’s address to the Faculty of Advocates in an event to mark…
WITNESS EVIDENCE AND DOCUMENTS: GESTMIN CONSIDERED IN THE SUPREME COURT
In Bancoult, R (on the application of) (No 3) v Secretary of State for Foreign and Commonwealth Affairs (Respondent)[2018] UKSC 3 the Supreme Court considered the “Gestmin” principles. There are several aspectse of the judgment. Here we look at the judgment…
THE ADVANTAGES OF GETTING WITNESS EVIDENCE EARLY – AND GETTING IT RIGHT: REDUCING THE RISKS OF LITIGATION
It is worthwhile repeating, and thinking about one part of the judgment of Master Leonard Douglas v Ministry of Justice & Anor [2018] EWHC B2 (Costs). “… the cost of preparing witness evidence will normally be recoverable as part of the cost…
ADVOCACY – THE JUDGE’S VIEW, SERIES 2 PART 6 : “GORILLAS FROM THE NORTH”: SIR HARRY OGNALL
In this series about a judge’s guide to advocacy I looking at – and recommending – “A Life of Crime” by (Sir) Harry Ognall (plain “Harry Ognall” on the front page of the book). Unlike a lot of memoirs this…
DRESSING FOR COURT: GUIDANCE AND LINKS FOR LAWYERS, LITIGANTS AND WITNESSES
There has been a lot of debate recently about appropriate dress for court. I am not going to discuss the reports that gave rise to that. However at least that should lead to a consideration of appropriate dress for court….
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