|
1 |
Introduction |
|
2 |
Conduct |
|
2.1 |
Introduction |
|
2.2 |
Overriding statutory duties |
|
(a) |
Overriding statutory duty of litigators |
|
(b) |
Overriding statutory duty of advocates |
|
(c) |
Hierarchy of duties |
|
2.3 |
Core duties - Justice and the rule of law |
|
(a) |
Duty to further the overriding objective |
|
(b) |
Duty to the court overriding duty to client |
|
(c) |
Duty to conduct litigation economically |
|
2.4 |
Client care obligations |
|
(a) |
Client’s options - ADR |
|
(b) |
Expense and risk |
|
2.5 |
Deceiving or misleading the court |
|
(a) |
Deception and misleading |
|
(b) |
Deception and misleading – Case law |
|
(c) |
Assisting the court with the law |
|
(d) |
Drawing the court’s attention to content of
filed documents |
|
(e) |
Drawing the court’s attention to any
procedural irregularity |
|
(f) |
Constructing facts |
|
(g) |
Contentions which are not properly arguable |
|
(h) |
Allegations of fraud |
|
2.6 |
Witnesses |
|
(a) |
Interviewing witnesses generally |
|
(b) |
Interviewing witnesses for the other side |
|
(c) |
Witness whose evidence you know to be untrue |
|
(d) |
Witness coaching |
|
(e) |
Advocacy where a member of the firm is a
witness |
|
(f) |
Payment of witness conditional on outcome |
|
2.7 |
Advocacy – are you an appropriate advocate? |
|
2.8 |
Attending on advocates at hearings |
|
2.9 |
Statements to the media |
|
2.10 |
Contentious practice – Discussion questions |
|
(a) |
Misleading the court – identifying the
potential for misleading |
|
(b) |
Misleading the court – whistle blowing |
|
(c) |
Misleading an arbitrator |
|
(d) |
Leading the court to an incorrect
appreciation of facts by the way the case is conducted |
|
(e) |
Advancing contentions which are not properly
arguable |
|
(f) |
Assisting the court with the law I |
|
(g) |
Assisting the court with the law II |
|
(h) |
Witness familiarization |
|
3 |
Trial Advocacy |
|
3.1 |
Using law in court |
|
3.1.1 |
Recognise the nature of
the tribunal |
|
3.1.2 |
Articulate a rule or
principle |
|
3.1.3 |
Plan an approach to
every favourable and adverse authority |
|
3.1.4 |
Favourable authorities |
|
3.1.5 |
Adverse authorities |
|
3.1.6 |
Judicial precedent |
|
3.1.7 |
Binding authority
(stare decisis) |
|
3.1.8 |
Standard rules for the
citation of authority |
|
3.1.9 |
Bundle of Authorities |
|
3.1.10 |
Which Law Report to
cite from |
|
3.1.11 |
Which series of
reports? |
|
3.1.12 |
Unreported case law |
|
3.1.13 |
In what form should I
place law reports before the court? |
|
3.1.14 |
Referring to
Authorities Appropriately |
|
3.1.15 |
Referring to Judges and
Courts |
|
3.1.16 |
Statutes and
Subordinate Legislation |
|
3.1.17 |
Referring to statutory
material correctly |
|
3.1.18 |
Interpretation of
Statutory Material |
|
3.1.19 |
Civil Procedure Rules |
|
3.1.20 |
Citation of a textbook |
|
3.2 |
Skeleton Arguments |
|
3.2.1 |
Purpose. |
|
3.2.2 |
Skeletal |
|
3.2.3 |
Interim applications |
|
3.2.4 |
Trials |
|
3.2.5 |
Appeal (Part 52 CPR) |
|
3.2.6 |
Commercial Court Guide |
|
3.2.7 |
Chronologies |
|
3.2.8 |
Reference to
authorities in skeletons |
|
3.3 |
Opening Speech |
|
3.3.1 |
Purpose |
|
3.3.2 |
Structure of opening
speech |
|
3.4 |
Examination in chief |
|
3.4.1 |
Exchange of witness
statements in civil cases |
|
3.4.2 |
Calling witness and
establishing his or her name and address |
|
3.4.3 |
Formalities |
|
3.4.4 |
The order in which to
call witnesses |
|
3.4.5 |
Procedure |
|
3.4.6 |
The examination |
|
3.4.7 |
Questioning techniques |
|
3.4.8 |
The transition |
|
3.4.9 |
The point of reference. |
|
3.4.10 |
Documents and real
evidence |
|
3.4.11 |
Elicit useful
information |
|
3.4.12 |
Undermine your
opponent’s case |
|
3.4.13 |
Witness convicted of a
crime |
|
3.4.14 |
Previous inconsistent
statements |
|
3.4.15 |
Prepare ground for
putting your case effectively. |
|
3.4.16 |
Questioning techniques |
|
3.4.17 |
Limitations on
cross-examination |
|
3.5 |
Re-examination |
|
3.5.1 |
Generally |
|
3.5.2 |
Releasing the witness |
|
3.6 |
Expert witnesses |
|
3.6.1 |
Generally |
|
3.6.2 |
Examination-in-chief of
experts |
|
3.6.3 |
Presentation
techniques. |
|
3.6.4 |
Cross-examination of
experts |
|
3.7 |
Closing speech |
|
3.7.1 |
Generally |
|
3.7.2 |
Structure |
|
4 |
Permission to appeal |
|
4.1 |
Introduction |
|
4.2 |
To which court must any
appeal from the decision be made |
|
(a) |
The standard appeal
route |
|
(b) |
Where the case was on
the multi-track and the decision was a final one |
|
(c) |
The route where the
decision was itself a decision made on appeal. |
|
4.3 |
Permission to appeal -
Procedure |
|
4.4 |
Permission to appeal –
Grounds |
