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July 27, 2017

Every once in a while, a case comes along in which the judiciary goes beyond just giving its opinion, it decides to also make a point.

Enter the Supreme Court in R (on the application of UNISON) v Lord Chancellor, a case concerning the lawfulness of the introduction of fees to issue a claim in the Employment Tribunal.

Those of us lawyers in the employment game have found it difficult to be objective about the introduction of these fees for the simple reason that their impact was to effectiv...

January 7, 2016

It is undoubtedly the most technically difficult skill an advocate has to master. Cross examination, above all other parts of the trial lawyer’s duties, has the greatest scope and power to shift the dynamics of a trial or change the outcome of a case.

 

The cross-examining advocate must account for a myriad of factors that stem from the great fluidity of trial litigation with its wide range of potential outcomes and competing influences, including the prejudices of a jury, interventionism of the...

April 15, 2015

In court it's not the facts that count, but the evidence.

 

Justice depends less on objective truth and more on which side is able to present the most consistent and coherent version of events. Whilst documents usually speak for themselves, and lawyers can give great speeches, it is very often the live evidence of the witnesses that will determine the outcome of a case.

 

In the modern adversarial system of court justice, giving evidence and in particular, being cross-examined, is an ordeal at the...

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