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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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NO "GRANDSTANDING" PLEASE: THE COURT IS NOT ASSISTED BY RHETORICAL POINTS

NO “GRANDSTANDING” PLEASE: THE COURT IS NOT ASSISTED BY RHETORICAL POINTS

March 23, 2018 · by gexall · in Advocacy, Applications, Conduct, Members Content

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

ADVOCACY THE JUDGE’S VIEW: SERIES 2 PART 8: EFFECTIVE WRITTEN SUBMISSIONS: “FIRST IMPRESSIONS COUNT” & THE “CHUNKIFICATION” OF ARGUMENTS

March 19, 2018 · by gexall · in Advocacy, Members Content, Written advocacy

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

ADVOCACY – THE JUDGE’S VIEW, SERIES 2 PART 7: HOW TO WIN YOUR CASE: GUIDANCE FROM SCOTLAND

March 14, 2018 · by gexall · in Advocacy, Appeals, Members Content, Written advocacy

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

February 8, 2018 · by gexall · in Advocacy, Disclosure, Members Content, Witness statements

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

THE ADVANTAGES OF GETTING WITNESS EVIDENCE EARLY – AND GETTING IT RIGHT: REDUCING THE RISKS OF LITIGATION

January 21, 2018 · by gexall · in Advocacy, Avoiding negligence claims, Civil Procedure, Members Content, Witness statements

 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

ADVOCACY – THE JUDGE’S VIEW, SERIES 2 PART 6 : “GORILLAS FROM THE NORTH”: SIR HARRY OGNALL

January 18, 2018 · by gexall · in Advocacy, Book Review, Members Content

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

DRESSING FOR COURT: GUIDANCE AND LINKS FOR LAWYERS, LITIGANTS AND WITNESSES

September 24, 2014 · by gexall · in Advocacy, Members Content, Useful links

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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