Advocacy 2 Flashcards
Submissions
Easily understood by judge.
In these circumstances…
For these reasons…
Preparing an advocacy plan
Plan - but do not become distracted by the notes.
Main points as headings with bullet points underneath.
Strongest points emphasises, weakest addressed.
Ethics
Do not waste courts time
Draw courts attention to relevant cases and statutory provisions.
Advocacy Civil Case Study
Interim Applications
Preparing for an application
- try to agree as much as possible in advance
- make sure all relevant witness statements served before the hearing.
- make sure you have mastered the facts of the case and that you are familiar with the contents of the statements of case and witness statements.
- judge should have a copy of the court file. Have relevant copies if court file incomplete
-read and flagged relevant passages in CPR and Practice Directions
- prepare brief notes. Write in margins of witness statements brief notes
-have very clear idea of order you wish to make to the judge
-work out in advance any relevant interest calculations and cost order the judge is likely to make
-consider the prospect of an appeal should the application be unsuccessful
Conducting the application
Party making application will begin the hearing
Applicant’s case
Formally introduce yourself, your opponent and the application and identify any relevant documents on court file which you intend to refer to
Check judge has all documents on court file you intend to refer to.
Judge will not have copies of correspondence between the parties, only refer if exhibited in witness statement.
Ask whether they are familiar or need a brief summary.
Concisely identify the issues (legal and factual) for the court to decide and by reference to the documents - highlight the relevant facts.
Refer to documents by using paragraphs.
Only refer to matters in dispute.
Anticipate opponent
Succinctly refer to relevant law and or procedure. Explain what provision of CPR you are relying on.
Conclude submissions for the order sought.
Emphasise your best points and why you are entitled to the order sought.
Respondent’s case
So far as necessary, identify any relevant documents on the court file to which you intend to refer.
If applicant not introduced you then introduce yourself.
Set out documents which you intend to rely on ‘Judge in opposing this application I will be relying on the same documents as my friend, but in addition the defence’.
By reference to the documents concisely identify and deal with issues (legal and factual) for the court to decide.
Identify what you want the court to do and why.
Applicant should have already taken judge through statements of case and evidence (if appropriate). Tale judge to relevant paragraphs in statements of case ands witness statements which support your arguments.
Deal with the points but make own case.
Succinctly counter the applicants arguments to relevant law and/or procedure.
Conclude submissions against the order sought =
emphasis why the order requested should not be made.
If it is the case say the applicant is trying to blur the real issues and prevent them being properly decided.
Make it clear finished your opposition -
‘Judge unless I can assist you further those are the grounds upon which I oppose the order sought.
Applicant final word
Judge normally invite applicant to respond.
Deal with points made against them in sae order.
Points to evidence and documents, encapsulate why the court should make the order you seek.
Closing the case
Judge then gives reasoned judgement and writes order in note form on court file.
If apporopriate the judge will give directions for further conduct of action, be prepared to ask for any directions necessary.
Be prepared to make submissions on the appropriate costs order.
Appeals - judge may ask if they wish to appeal. An application for permission to appeal may be made to the judge at the hearing.
