ADVOCACY THE JUDGE’S VIEW SERIES 4: PART 1: THE DEADLY SINS OF ORAL ADVOCATES: DON’T BE CONFUSING OR BORING (PLUS A RECAP OF THE PREVIOUS SERIES)
After a break of eight months I am starting a new series featuring the guidance the judges give to advocates. Here I am encouraging you to read The deadly sins of oral advocates: Part One, in the Lawyers Weekly. A…
THE CHANGE IN THE DISCOUNT RATE: LINKS TO THE NEW SUPPLEMENTARY TABLES
The change in the discount rate has led to the Government Actuary’s Department producing supplementary tables which include the – 0.25% rate. The relevant page can be found here. LINKS TO THE TABLES Actuarial tables for use in personal…
ADVICE TO A NEWLY QUALIFIED LITIGATOR (2): BE LEGALLY STREETWISE : A LITIGATION CLIENT’S STRATEGY MAY POSSIBLY BE TO BLAME YOU
In the second in this series I am reminding everyone of a very useful post from Darlingtons solicitors . I said at the time it was first written that it deserved wider publication, and they kindly agreed I could reproduce it. …
PUTTING AN END TO BULLYING IN THE LEGAL PROFESSION: USEFUL LINKS
I was sad to read a Tweet from a practising barrister earlier today. The barrister tweets anonymously (and thus candidly). They describe a terrible situation of bullying within the legal profession and their decision to “bite back”. This led me…
WHEN THINGS GO WRONG IN LITIGATION (AND ONE DAY THEY WILL)- TELL SOMEONE, HAVE A PLAN, DON’T LIE, AND READ STEVE CORNFORTH’S BLOG
Steve Cornforth’s blog contains a post this week “Why does this keep happening?” He points to, yet another, case of a fee earner ” whose career in in tatters because they have tried to cover up mistakes”. The post contains…
SIXTH ANNIVERSARY OF CIVIL LITIGATION BRIEF (AS A BLOG): A REVIEW OF ADVICE RECEIVED FROM ACROSS THE PROFESSION AND ACROSS THE WORLD
Today marks the 6th anniversary of the blog. Last year I did a detailed review of many of the series and key points over the previous years. To celebrate this year I am concentrating on the contributions made by others….
EXPERT WITNESSES: A CRISIS IN THE CRIMINAL COURTS – RECOMMENDED READING FOR ALL LITIGATORS
Matthew Scott’s “Barrister Blogger” blog is always an interesting read. His latest post Expert witnesses: a crisis in the criminal courts is essential reading for everyone involved in any type of litigation – and also for anyone who is an…
ADVICE FROM ACROSS THE PROFESSION AND AROUND THE WORLD: “CROWD SOURCED” GUIDANCE: THANKS FOR ALL THE TWEETS
There have been a number of occasions when I have put contributions from people on Twitter on this blog. This is usually in response to specific questions and issues raised. People have been generous in their time and Advice. I…
RISK ASSESSMENTS: USEFUL LINKS: A HOMAGE TO THOSE AT THE APIL CONFERENCE TODAY (OR AT LEAST THOSE WHO ATTENDED MY TALK…)
In a seminar I gave earlier today I was speaking about the central importance of risk assessments in relation to liability. Risk assessments can be important to establishing liability and practical knowledge of the nature of risk assessments is important. …
THE BALLAD OF READING COUNTY COURT LIFT: THE LIFT WITH ITS OWN TWITTER ACCOUNT – AN ESCALATING PROBLEM
Last week I went to Reading County Court. This was a new court to me and I asked the Legal Twitterati for directions (“out of the station turn left at Snappy Snaps”, for anyone who needs to know). What was…
LAWYERS, DEADLINES AND PROCRASTINATION: HOW DO YOU DEAL WITH IT? (“A DEADLINE… THAT IS ALL”)
Many of the cases that appear on this blog, particularly those dealing with sanctions and service, arise because things are left to the very last minute. We have looked before at lawyers and procrastination. I thought that perhaps this is…
HOW TO DRAFT A SKELETON ARGUMENT: GUIDANCE AND LINKS REVISITED
A simple search term arrived on the blog today “How do I draft a skeleton argument?” I wondered what level of practitioner would google this, however someone pointed out this has all the flavour of a desperate litigant in person…
COURT FEE REMISSION: USEFUL LINKS AND GUIDANCE
The earlier post reporting that a defendant had been ordered to pay the claimant’s court fees despite the claimant being entitled to remission has led to a lot of discussion on Twitter. Responses range from “that’s right” to “what on…
HOW DO LAWYERS RELAX? GUIDANCE AND LINKS: FIND MUGGLES, START SEWING AND DISCONNECT FROM YOUR WORK
This post follows a tweet I received earlier this evening, from “Bunglingbarrister” Bunglingbarrister “Even when I’m not doing work I still think about it often. I don’t think it is healthy to never allow your brain to switch off….
CIVIL PROCEDURE BACK TO BASICS 33: INVALUABLE GUIDANCE ON EXPERT EVIDENCE FROM THE ICCA
The Inns of Court College of Advocacy has prepared a very useful guide called “Guidance on the preparation, admission and examination of expert evidence”. It is free of charge and can be downloaded . This post is just a summary…
TRANSPARENCY PROJECT: TRAINING FOR LAWYERS: 29th JANUARY 2019
The Transparency Project is running a training course for lawyers on the 29th January 2019 at Gresham College, Holborn, London. Attendance is free of charge, although those who attend are invited to make a donation to further the work of…
“CIVIL JUSTICE IS A PUBLIC GOOD”: SPEECH BY LORD JUSTICE GROSS: WHY WE ARE WORKING IN THE “CINDERELLA” SECTOR
This morning I am encouraging you all to read the speech of Lord Justice Gross given to the London Common Law & Commercial Bar Association Annual Lecture. It is a wide-ranging speech, the essential theme is that Civil Justice is…
THE BUSINESS AND PROPERTY COURTS: GUIDANCE FOR THOSE WHO GO LIVE AT LEEDS
HHJ Malcolm Davis-White QC has sent out guidance for the County Court at Leeds Property and Business Work. Solicitors and advocates may want to note the strictures in relation the filing of bundles and skeleton arguments in particular. Note it…
ADVOCACY THE JUDGE’S VIEW SERIES 3: PART 10: THE LAST POST: A CHANCE TO LOOK BACK ON THE THREE SERIES (SO FAR)
We have looked at guidance from judges from many parts of the world. Looking at what judges say about the way that cases are brought before them is a good way for advocates (and litigation lawyers in general) to know…
GOOD IDEAS FROM WESTERN AUSTRALIA: WITNESS STATEMENTS, COMMUNICATIONS AND CONFINING THE ISSUES IN DISPUTE IN CIVIL LITIGATION
A while back I wrote a post pointing out guidance on drafting witness statements given by the Western Australian Bar Association. I am grateful to Australian barrister David Laws for pointing out the new site where this guidance can be…
SURVEY ON WITNESS STATEMENTS: WORKING PARTY SURVEY: A REMINDER OF PAST COMMENTS … SOME CHESTNUTS HERE
The Witness Evidence Working Group is carrying out a survey of the use of witness statements in the Business & Property Courts. Here I provide a link to the post and a reminder of the comments that some judges have…
SENIOR COURTS COSTS OFFICE GUIDE 2018
The new Senior Court Costs Office Guide has been published. This replaces the 2013 version with immediate effect. It is available on the link in the page here. The new guide Deals with all changes since 2013. Deals with the electronic…
STRESS, LAWYERS & LITIGATORS: PRACTICAL LINKS AND PRACTICAL STEPS
The blog post yesterday on Litigation in a tough world let to more responses that I could possibly have mentioned. It has led to a lot of comment and support on Twitter, from solicitors, from the Bar and from many…
THE JUSTICE PAPERS FOR JUSTICE WEEK: ESSENTIAL READING: VIEWS FROM THE SHARP END
The Bar Council has circulated links to a number of papers written in support of Justice Week : “a series of personal accounts giving first-hand insight into the crises occurring across the system.” Every one of these deserves the widest publicity…
COURT CLOSURES: THE HUMAN COSTS: WATCH THE MOVIE
Suffolk Law Centre has produced a short video, available on Youtube, to highlight the human impact of court closures. THE VIDEO The video shows the human cost (and the actual cost) of travelling to court centres that are now a…
STRESS, LITIGATORS AND LITIGATION: A RECAP
For World Mental Health Day I am re-posting posts on this blog that deal with stress, for litigators and those involved in the litigation process. Part of my work, dealing with relief from sanctions and limitation, means I come across…
DENTON DECISIONS – AN INVALUABLE RESOURCE: RELIEF FROM SANCTIONS – A THEMATIC GUIDE UPDATED
I have written before about the invaluable resource provided by The Denton Resource. This has now been updated and is available following the link here. Congratulations to barrister Rachel Segal who took on this painstaking task. The Resource is a…
HELPING THE BEREAVED CLIENT II: WHERE TO LOOK FOR HELP
Another matter being dealt with at the forthcoming courses on fatal accidents is where you can send a client for help. Again this is an issue that covers a wide range of lawyers. As a companion to the first piece…
ADVISING CLIENTS AS TO THE RISKS OF LITIGATION: “CLIENTS WANT TWO INCONSISTENT THINGS”: CASES AND GUIDANCE
A recent decision by the Bar Standards Board held that a barrister had not acted with reasonable competence when he failed to inform his client in relation to the risks of bringing a private prosecution. This decision highlights the need…
COURTESY, CONDUCT AND LITIGATION: A ROUND UP OF THE POSTS
Last week I set out the responses on Twitter about professional courtesy and conduct. This is a good opportunity to recap on the four posts on this subject. “AGGRESSIVE CORRESPONDENCE” AND EFFECTIVE LITIGATION: ARE THE TWO SYNONYMOUS OR DIAMETRICALLY OPPOSED…
CIVIL PROCEDURE – BACK TO BASICS 3: THE STATEMENT OF TRUTH
The aim of this series is to look at things that litigators do every day – almost automatically. Signing a statement of truth is one of those things. This is a regular occurrence in many solicitor’s offices. It is a…
THE NEW ELECTRONIC BILL OF COSTS: ONE DAY TO GO: USEFUL LINKS AND GUIDANCE
The electronic bill of costs will be compulsory from the 6th April. Here are some useful links to help you prepare and survive. I will add to these if anyone has any particular recommendations. PRACTICE DIRECTIONS The Practice Direction…
AVOIDING PROBLEMS WITH SERVICE OF THE CLAIM FORM: WEBINAR 14th MARCH 2018
The judgment yesterday in Barton -v- Wright Hassall LLP [2018] UKSC 12 shows how crucial correct service of the claim form can be. There are dozens of examples on this blog of cases where service with the claim form goes wrong. In an…
PROPOSED NEW RULES FOR DISCLOSURE: LINKS AND COMMENTARY
There is a consultation process going on at present in relation to disclosure. THE PROBLEM The issues of concern are summarised in the Briefing Note “(i) Since the CPR came into force 18 years ago the volume of data that…
BEING A WITNESS IN COURT: “AVOIDING HUMILIATION”: USEFUL LINKS (VIDEOS TOO)
This idea for this post comes from another blog. Pink Tape has a recent post giving parents tips on giving evidence in court. This caused me to look at the assistance available generally. This is one part of the legal…
GOODBYE TO THE SOLICITORS JOURNAL: PERSONAL MEMORIES:
The Solicitors Journal has published its last edition after 160 years. I was a SJ columnist for around 10% of that time. It brings back some memories. “The reality of the alleged want of a journal which shall distinctively represent…
THE NEW PRE-ACTION PROTOCOL FOR DEBT CLAIMS: LINKS AND COMMENTARY
A new Pre-Action Protocol for debt claims comes into force on the 1st October 2017. Here are links to the Protocol itself and commentary on the Protocol. THE PROTOCOL The protocol itself is available in full here ARTICLES AND COMMENTARY…
IS THE BUDGET DEFINITIVE ON ASSESSMENT? MORE CATS, MORE PIGEONS: THERE ARE NOW TWO TRAINS OF THOUGHT ON THE HOURLY RATE
Earlier this month I blogged on the decision in RNB v London Borough of Newham [2017] EWHC B15 (Costs). Deputy Master Campbell decided that the hourly rate could be challenged at the assessment stage even if the total of a particular…
FIXED COSTS: USEFUL LINKS: THE REPORTS AND THE COMMENTARY
The Jackson Report on fixed costs has already led to a great deal of controversy. Here are links to some of the most useful posts and articles. These include links to the report itself, Guidance and the extensive commentary (including…
HARRISON -v- COVENTRY: THE COMMENTARY SO FAR: USEFUL LINKS
The Court of Appeal decision Harrison -v- University Hospitals Coventry & Warwickshire Hospital NHS Trust [2017] EWCA Civ 792 is a significant one. To help consider its practical significance here are links to the commentary on the case. (I…
LINKS TO CASES ON THIS SITE: A BRIEF GUIDE
It was only after an email exchange today that I realised some people do not realise that there are often links on this site to the cases that are being discussed. LINKS AND HOW TO FIND THEM When a…
DEALING WITH BEREAVED CLIENTS: A DEFICIT IN LEGAL TRAINING?
I was lecturing yesterday alongside an oncologist. He has a difficult job. On a regular (sometimes daily) basis he has to tell patients whether they can be treated, how long they “have left” and whether treatment is worthwhile. This left…
RELIEF FROM SANCTIONS: THE CASES: AN IMPRESSIVE AND THEMATIC LIST
I am grateful to barrister Matthew White for drawing my attention to an impressive table that he has prepared with his colleague Marcus Coates-Walker. They have set out, in tabular form, the post-Denton cases on relief from sanctions, analysing each…
OPENING LINES OF A JUDGMENT: IT STARTED WITH A TWEET: PAGING DOCTOR FREUD
The opening line of a judgment is often a good guide as to what it to follow. For a few days there has been some, occasionally heated, discussion, as to the best opening lines of a judicial pronouncement. THE TWITTER…
NOTES FROM A BELEAGUERED BENCH: THE IRON FIST AND NO VELVET GLOVER
There is a section on this blog which has links to posts and articles on procedure. Usually I am content to post the link and lead to it readers to look at it themselves. The article by Peter Glover in…
AN INVITATION: LORD DYSON, LEEDS, 23rd MARCH 2017: “50 YEARS OF CHANGE IN THE LAW: EVOLUTION OR REVOLUTION”
Lord Dyson, the former Master of the Rolls, is giving the annual Munkman lecture this Thursday the 23rd March in central Leeds. There are still some places available. As always with a Munkman Lecture Zenith Chambers invites all practitioners,…
SUING THE “MAN OF STRAW”: WHY YOU NEED TO CHECK YOUR OWN CLIENT’S INSURANCE BEFORE GIVING UP ON A PERSONAL INJURY CASE
There was recently some comment, and quite a few readers, of a post on “suing the man of straw”. This was the second post ever on this site. There were comments on Twitter that people were surprised by the post…
WHAT THEY DON’T TEACH YOU AT LAW SCHOOL IX: IF THEY SAY IT’LL BE “GOOD EXPERIENCE FOR YOU” – WATCH OUT…
Here we have most (but I can’t guarantee all) of the tweets given on what they don’t teach you at law school. You will see it is an eclectic mix. The advice given can be world weary but, for the…
WHAT THEY DON’T TEACH YOU AT LAW SCHOOL VIII: BUNDLES, COURTESY & MINTS
This is the second review of guidance to young lawyers given on Twitter. There is lots of interest here. Some common themes appear to be: bundles; courtesy; be very nice to court staff; manage client expectations; don’t work too hard….
WHAT THEY DON’T TEACH YOU AT LAW SCHOOL VII: FLAT SHOES & DOUBLE STUFFED OREOS: SOME OF THE CONTRIBUTIONS FROM TWITTER
This series started off as a series of Twitter interactions. I am gradually making my way through them. Not all the contributions received were serious. However most have a underlying truth. I will try to put the remainder of the…
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