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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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GUIDANCE FOR ADVOCATES: 12 JUDGES CAN'T BE WRONG  - "ONLY JUDGES MAY MAKE BAD JOKES"

GUIDANCE FOR ADVOCATES: 12 JUDGES CAN’T BE WRONG – “ONLY JUDGES MAY MAKE BAD JOKES”

February 22, 2022 · by gexall · in Applications, Written advocacy

I am here re-visiting a series of posts from 2016, where we looked at guidance given to advocates by judges. As part of the series looking at the advice that judges give to advocates (and how this relates to civil…

ADVOCACY THE JUDGE'S VIEW SERIES: "THE ROLE OF THE SOLICITOR IN THE CASE HAS ASSUMED GREAT IMPORTANCE"

ADVOCACY THE JUDGE’S VIEW SERIES: “THE ROLE OF THE SOLICITOR IN THE CASE HAS ASSUMED GREAT IMPORTANCE”

November 9, 2021 · by gexall · in Advocacy

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

July 28, 2021 · by gexall · in Advocacy

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”

April 26, 2021 · by gexall · in Advocacy, Civil evidence

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…

THINGS THAT LAWYERS DO TO ANNOY JUDGES: SCOWL AND POUT... & ROLL YOUR EYES

THINGS THAT LAWYERS DO TO ANNOY JUDGES: SCOWL AND POUT… & ROLL YOUR EYES

March 7, 2021 · by gexall · in Advocacy, Useful links, Written advocacy

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"

MORE GUIDANCE FROM JUDGES ON PREPARATION AND ADVOCACY IN REMOTE HEARINGS: “WEAR PANTS, SEQUESTER PETS”

December 8, 2020 · by gexall · in Advocacy, Coronavirus, Remote hearings

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...

REMOTE HEARINGS AND REMOTE ADVOCACY: USEFUL LINKS FROM THE UK AND BEYOND…

December 8, 2020 · by gexall · in Advocacy, Coronavirus, Remote hearings, Written advocacy

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….

HOW TO LOSE A CASE: SILKY GUIDANCE: IGNORE THE FACTS (THAT ALWAYS HELPS)

November 29, 2020 · by gexall · in Advocacy, Civil evidence, Civil Procedure, Useful links

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)

COURTESY, THE ADVOCATE AND THE LAWYER: TEN THINGS TO THINK ABOUT TO HELP YOUR CLIENTS (AND YOURSELVES)

October 30, 2020 · by gexall · in Advocacy, Conduct

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)

October 11, 2020 · by gexall · in Advocacy, Well being

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…

A FURTHER TEN PIECES OF ADVICE FOR THE YOUNG, AND NOT SO YOUNG, LAWYER: AVOIDING THAT "SPECIAL RING IN HELL"

A FURTHER TEN PIECES OF ADVICE FOR THE YOUNG, AND NOT SO YOUNG, LAWYER: AVOIDING THAT “SPECIAL RING IN HELL”

October 8, 2020 · by gexall · in Advocacy, Avoiding negligence claims, Civil Procedure, Useful links

Continuing with the  review of those series on this site which  collate the guidance that judges have given to lawyers.  In series three we looked at everything from going to hell; brevity (the absence of which leads you rapidly towards…

TEN MORE PIECES OF ADVICE FOR THE YOUNG LAWYER: "INCIVILITY IS COUNTERPRODUCTIVE": "BE BRIEF"; "DON'T CRUMBLE"

TEN MORE PIECES OF ADVICE FOR THE YOUNG LAWYER: “INCIVILITY IS COUNTERPRODUCTIVE”: “BE BRIEF”; “DON’T CRUMBLE”

October 7, 2020 · by gexall · in Advocacy, Civil evidence, Civil Procedure, Useful links, Written advocacy

I am using this week to look back a previous series where guidance was given, primarily by judges, to young advocates.  There are links here to the original posts, and sources for the posts.  Here we look at the second…

TEN KEY PIECES OF ADVICE STRAIGHT FROM THE JUDICIARY FOR THE NEWLY MINTED LAWYER (WHICH MAY ALSO HELP THE REST OF US)

TEN KEY PIECES OF ADVICE STRAIGHT FROM THE JUDICIARY FOR THE NEWLY MINTED LAWYER (WHICH MAY ALSO HELP THE REST OF US)

October 6, 2020 · by gexall · in Advocacy, Avoiding negligence claims, Civil Procedure

Following on from the post yesterday aimed at those about to start their training contracts or pupillage this would seem to be a good time to remind people of the number of  series there are on this site about advocacy. …

IF YOU ARE IN COURT AND NOT SPEAKING TO THE JUDGE: SHUT UP: "RIVAL TRIBES" IN THE COURTROOM NEVER HELP

IF YOU ARE IN COURT AND NOT SPEAKING TO THE JUDGE: SHUT UP: “RIVAL TRIBES” IN THE COURTROOM NEVER HELP

September 20, 2020 · by gexall · in Advocacy, Conduct

There is one passage in the judgment in Município De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2471 (TCC) that I had to read twice. It is something that emphasises the need to remember that the judge…

COVID REPEATS 22: DRESSING FOR COURT: NO RIPPED JEANS, BUT NO TOP HAT,  TAILS AND SPATS EITHER

COVID REPEATS 22: DRESSING FOR COURT: NO RIPPED JEANS, BUT NO TOP HAT, TAILS AND SPATS EITHER

May 15, 2020 · by gexall · in Advocacy, Conduct, Coronavirus

I thought hard about whether repeating a post about dressing for court is appropriate for the current times. We will have to go back to court one day, and current guidance dictates that (the top half of us at least)…

COVID REPEATS 18: "BEHIND THE DIFFIDENT SMILE OF THE SHYEST JUNIOR IS A CONCEIT OF NAPOLEONIC PROPORTIONS"

COVID REPEATS 18: “BEHIND THE DIFFIDENT SMILE OF THE SHYEST JUNIOR IS A CONCEIT OF NAPOLEONIC PROPORTIONS”

May 11, 2020 · by gexall · in Advocacy, Applications, Coronavirus

Today we travel to Australia and looking again at  guidance given by the Hon Chief Justice Pat Keane in his keynote address to the Australian Lawyers Alliance Queensland State Conference in February 2013. Remember the main aim of these posts…

COVID REPEATS 12: THINGS LAWYERS DO TO ANNOY JUDGES: "EVERY PIECE OF PAPER THAT LEAVES YOUR OFFICE IS AN ADVERTISEMENT FOR YOU AND YOUR LAW FIRM"

COVID REPEATS 12: THINGS LAWYERS DO TO ANNOY JUDGES: “EVERY PIECE OF PAPER THAT LEAVES YOUR OFFICE IS AN ADVERTISEMENT FOR YOU AND YOUR LAW FIRM”

May 5, 2020 · by gexall · in Advocacy, Avoiding negligence claims, Useful links, Written advocacy

Here we are looking again at the advice given by  the Canadian judge Mr Justice Joseph W. Quinn A Judge’s View: Things Lawyers Do to Annoy Judges; Things They Do to Impress Judges“.* This whole talk is worth reading, for…

THINGS TO THINK ABOUT IN THE NEW YEAR: DOES DRESSING FOR COURT MATTER?

THINGS TO THINK ABOUT IN THE NEW YEAR: DOES DRESSING FOR COURT MATTER?

January 3, 2020 · by gexall · in Advocacy, Useful links

One of the primary tasks of an advocate (indeed the primary task) is to persuade judges. That is why so much time is spend on this blog looking at guidance given by judges.  The beginning of the year is a good…

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)

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)

August 13, 2019 · by gexall · in Skeleton arguments, Useful links, Written advocacy

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…

CIVIL PROCEDURE BACK TO BASICS 43: CROSS EXAMINING EXPERTS: USEFUL GUIDES AND  LINKS

CIVIL PROCEDURE BACK TO BASICS 43: CROSS EXAMINING EXPERTS: USEFUL GUIDES AND LINKS

May 13, 2019 · by gexall · in Advocacy, Expert evidence, Experts, Uncategorized

Cross-examining experts is possibly one of the most daunting aspects of advocacy.  If an advocate gets into a “debate” with an expert then the advocate normally loses. If the advocate is too brutal the cross-examination can backfire, too supine and…

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