How to Win Your Case

Covers all aspects of litigation from its basics to: It covers the conduct of civil litigation of all kinds, rather than any area of law particularly and contains examples of what can be done, how to do so, and includes how to ask questions as well as tips on what works, or does not work. The book draws on over 35 years of the authors’ experience in courts and tribunals, including the making of mistakes when doing so and although based on UK principles, is relevant throughout the English- speaking world where the principles of conducting litigation are essentially the same. The book has mainly non-legal quotations as aide memoires, and is written in a way that is intended to be easy to understand, and practical, rather than academic making it ideal for anyone presenting a case before a tribunal or court. Dedication 6 Preface 8 Contents 10 Source materials 12 Chapter 1 Introduction 14 Chapter 2 The Basics 16 The Basics 16 Terminology 16 Aim 18 The basic structure of a case 19 Chapter 3 Investigation 22 Introduction 22 The differential diagnosis 24 How do you investigate? 25 The gross error check 27 Alternatives 28 Non-financial elements 35 Unforeseen consequences 41 Dealing with inexperience 43 Dealing with those who refuse to settle 44 Advising others 45 Chapter 4 Pleading 48 Making a claim 48 Defence 49 Why have pleadings? 50 Changes to pleadings 51 Chapter 5 Case management 54 Introduction 54 Formal witness statements 57 Tactical admissions 59 Preliminary hearings 60 Settlement 64 Chapter 6 Preparation for the hearing 65 The submission 65 The importance of every word of every document 71 The 'so what?' test 71 Inferences 72 The elevator pitch 74 Remedy 75 Expert evidence 75 Technical evidence 77 Documentation for the hearing 78 Other preparation 79 What are the questions to ask witnesses at the hearing? 82 Presenting evidence by questions 83 Methods of preparation 85 The importance of control 86 Examination-in-chief 86 What are leading questions? 87 Some tips on asking non-leading questions 88 Changing leading to open questions 89 Keeping control 89 The use of context 90 Know the answer 90 Have a reason 90 Choosing exactly the right words 91 Short words 92 Referring to documents 93 Referring to other productions 93 Funnelling 94 Loopback 94 Structure 95 Addressing the other side's case 96 Bad questions in examination-in-chief 97 The hostile witness you call 98 Evidence by the litigant in person 99 Cross-examination 100 Weak questions 103 Bad questions 103 Open to closed questions 103 Put your case 104 Loose questions 104 Other tips 104 Ask about facts 105 Stopping the Great Escape 105 Inconsistent evidence 107 Cover all you need to 110 When less is more 110 Opening and closing 110 Dealing with experts in cross-examination 111 Last-minute preparations 112 Covid-19 113 Chapter 7 Evidence at the hearing 115 Preliminaries 116 Asking the questions 117 Giving evidence as a litigant in person 126 Re-examination 127 How can you tell if, or when, the opposition witness is lying? 127 Do you always have to accuse the witness for the other side of lying? 129 Objections 131 Rules about witnesses 132 The highs and lows 133 Chapter 8 The submission 135 What should it say? 136 Dealing with the law 141 Listening to the other side 143 Delivery 144 Responding to questions from the judge 145 Finishing up 146 Chapter 9: Outcome 147 Oral decisions 147 Written judgments and decisions 147 Appeals 148 Follow up issues 149 Administration 150 Media interest 150 Reflection 151 Learning from mistakes 151 Chapter 10 Conclusion 153 Appendix 154 Index 208 "How to Win Your Case is a guide for all those presenting a case before a tribunal or court, both to make a claim and to defend it, including people acting for themselves. It covers all aspects of litigation from basic understanding to how to conduct investigations, negotiations, pleadings, preparations, case management, conducting the hearing and dealing with the aftermath. Based on 35 years of the author's experience in courts and tribunals, the book covers the conduct of all kinds of civil litigation and contains examples of what needs to be done at each stage, and guidance on how to do so. This includes tips on how to ask questions, to avoid pitfalls, and to deal with mistakes, with expert techniques for each. To add practical insight, it also contains a helpful case study giving a practical illustration of the conduct of a case before the Employment Tribunal. This includes a Claim Form, Response, documents, statements, draft initial submissions, draft questions for witnesses (examination in chief and cross examination), draft final submissions and an indication of what a judgment might look like. The book does not promise success, but gives advice on how to conduct the case as effectively as possible. Although based on UK principles, this is a helpful guide for the conduct of civil litigation throughout the English-speaking world, where the principles are essentially the same. Its practical, rather than academic, approach avoids legal jargon where possible, making How to Win Your Case easy to understand and essential for those with only some, or even no, legal experience."-- Provided by publisher