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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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ADVOCACY – THE JUDGE’S VIEW VIII: "CREDIBILITY IS ALL YOU HAVE": YOU ARE NOT A PUPPET

ADVOCACY – THE JUDGE’S VIEW VIII: “CREDIBILITY IS ALL YOU HAVE”: YOU ARE NOT A PUPPET

November 22, 2024 · by gexall · in Advocacy, Civil Procedure, Members Content

This post looks at at an article by Sidney Butcher in the ABA publication “Views from the Bench: Tips for Young Lawyers on How to Make a Good Impression.”  The Honorable Lynne Stewart, a District Court Judge and the Honourable Julie Robinson…

ADVOCACY THE JUDGE'S VIEW 4:  "AVOID BULLSHIT, SMOKE AND MIRRORS" (OH AND BEWARE OF "WELL PADDED VANITY")

ADVOCACY THE JUDGE’S VIEW 4: “AVOID BULLSHIT, SMOKE AND MIRRORS” (OH AND BEWARE OF “WELL PADDED VANITY”)

October 28, 2024 · by gexall · in Advocacy, Conduct, Members Content, Written advocacy

 Australia and looking at the guidance given by the Hon Chief Justice Pat Keane in his keynote address to the Australian Lawyers Alliance Queensland State Conference in February 2013. (At the moment I cannot find a link to the original…

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, Members Content

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. …

ADVOCACY: THE JUDGE'S VIEW X: 10 KEY POINTS FROM AROUND THE WORLD

ADVOCACY: THE JUDGE’S VIEW X: 10 KEY POINTS FROM AROUND THE WORLD

December 12, 2016 · by gexall · in Applications, Conduct, Members Content, Uncategorized, Useful links

This is the last in the series of Advocacy the Judge’s view.  We have looked at advice given by judges from around the world.  Here I select a key point from each. 1. ADVICE FROM CANADA – MANNERS MATTER It…

MCKENZIE FRIENDS AND THE THREE WISE MONKEYS: A DISCRETION TO BE EXERCISED RARELY

September 15, 2016 · by gexall · in Applications, Civil Procedure, Members Content, Uncategorized, Written advocacy

In Ravenscroft -v- Canal & River Trust [2016] EWHC 2282 (Ch) Chief Master Marsh considered the law relating to allowing a McKenzie friend to be permitted to act. (This case also considered the use of without prejudice correspondence in court,…

ADVOCACY - THE JUDGE'S VIEW V: TO PERSUADE A JUDGE THINK LIKE A JUDGE

ADVOCACY – THE JUDGE’S VIEW V: TO PERSUADE A JUDGE THINK LIKE A JUDGE

August 7, 2016 · by gexall · in Appeals, Members Content, Uncategorized, Useful links, Written advocacy

This series looks at the views from judges around the world and the advice they give to advocates.  Here we look at the article from J. Frederic Voros, jr for the Utah State Bar: To Persuade a Judge, Think Like…

ADVOCACY - THE JUDGE'S VIEW III: MORE GUIDANCE FROM CANADA

ADVOCACY – THE JUDGE’S VIEW III: MORE GUIDANCE FROM CANADA

June 7, 2016 · by gexall · in Case Management, Civil evidence, Civil Procedure, Members Content, Uncategorized, Useful links

As part of the series looking at the advice that judges give to advocates (and how this relates to civil litigators in particular) we return to Canada. Judge Carol Baird Ellan collected the views of 12 of her colleagues in…

CASE MANAGEMENT, DIRECTIONS AND ATTENDANCE OF THE PARTIES: A WARNING SHOT FROM THE COMMERCIAL COURT

January 9, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Expert evidence, Members Content, Statements of Case

In Richardson -v- Glencore UK Ltd [2014] EWHC 3990 (Comm) Mr Justice Walker had strong words to say about any apparent casualness by the parties in preparing for, and attending, the Case Management Conference. The judgment was intended to be…

THE ADVOCATE AS WITNESS: PROCEDURE WHEN A REPRESENTATIVE HAS TO GIVE EVIDENCE

December 22, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

Previous posts have dealt with the problem of defining the line between submissions and evidence – with the dangers that an advocate could be “giving evidence”. However there are circumstances in which an advocate may have to give evidence as…

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