Category Useful links

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

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 a Judge.  This is written by a judge in the Utah Court of Appeals and […]

APPLICATION TO DISCLOSE THIRD PARTY FUNDER REFUSED

The opening passages of the judgment of H.H. Judge Keyser Q.C. in Dawnus Sierra Leone Limited -v- Timis Mining Corporation Limited [2016] EWHC B19 (TCC) deal with the issue of disclosure of details of third party funding. KEY POINTS A claimant defending a counterclaim can make an application for disclosure of the defendant’s third party […]

BREXIT: THE LEGAL CONSEQUENCES: USEFUL LINKS

The vote to leave the EU has legal consequences across a wide range of practice areas. Here I aim to provide links to useful posts and articles that discuss those issues. This post is updated regularly. THE INDIVIDUAL SECTIONS There are sections below which have links to key areas Litigation Article 50 and legal issues […]

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

In the fourth in this series we are returning to 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. Remember the main aim of these posts is to whet your appetite so you read the […]

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

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 giving an address to the CLEBC Advocacy Conference in 2001:  Advocacy in Provincial Court: A […]

WITNESS EVIDENCE, RELIABILITY AND CREDIBILITY: WHY EVERYONE SHOULD READ GESTMIN (OR FAILING THAT, MY SUMMARY)

I spent the afternoon lecturing to a group of enthusiastic lawyers about the importance of witness statements (and where things can, and do go wrong). I was worried that the enthusiasm  could be waning waning when I took them, in some detail, through the judgment in Gestmin SGPS -v- Credit Suisse (UK) Ltd [2013] EWHC 3560. […]

THE THIRD PARTIES (RIGHTS AGAINST INSURERS) ACT 2010 1: 5 INITIAL POINTS

The Third Party (Rights Against Insurers) Act 2010 is shortly to come into force. Here are 5 key points. Here we look at the implementation date, legislative history and basic definitions of the Act.  Later posts will look at the Act in more detail. A BRIEF OVERVIEW The Act allows a claimant to bring an […]