Description
On Your Feet: A Practical Guide to Civil Advocacy provides broad coverage of the types of hearings commonly encountered by pupils and junior tenants practising in civil law. The aim of the book is to provide practical information, quickly and clearly, about how to approach each type of hearing and the issues that may arise in that hearing.
There is a dearth of practical information for pupils or junior tenants practising in civil law when receiving their first briefs or attending a hearing for the first time. Until now, the approach has generally been to learn ‘on the job’, which leaves many pupils and junior tenants feeling unsure and underprepared before a hearing.
This book guides the reader through the process of attending court and running their own case, across many different types of hearings, from start to finish. This includes holding conferences with clients, communicating with solicitors, making submissions, and drafting final orders. It highlights the key texts, rules, and case law applicable to each type of hearing and provides a firm framework upon which a barrister may build their case. It will also be useful to solicitor advocates, solicitors’ agents, and litigants in person who may be unfamiliar with the different types of hearings or how a case proceeds.
The authors, all practising junior barristers, have experience with regular court work and are writing from a current, junior perspective, answering the common questions asked by pupils and junior tenants. The content of the book is divided between General Civil and Personal Injury; Landlord and Tenant; Commercial Chancery; and Employment.
The Introductory section covers general practical considerations, whilst the appendix includes examples of orders and attendance notes which have been approved and used in real cases. Although the book is not a replacement for the White Book, it offers cross-references to it, so acts as a ‘way in’ for those not overly familiar with it.
- Contents:
- 1. Introduction and Practical Considerations
- General Civil and Personal Injury
- 2. Relief from Sanctions
- 3. Strike Out
- 4. Summary Judgment
- 5. Setting Aside and Varying Default Judgment
- 6. Road Traffic Accidents
- 7. Credit Hire
- 8. Small Claims Hearings
- 9. Fast Track Hearings
- 10. Stage 3 Hearings
- 11. Infant Settlement Approval Hearings
- 12. Case and Costs Management Conferences (CCMCs)
- 13. Confirming, Correcting and Amplifying Witness Statements
- 14. Quick Guide to Fast Track Costs
- 15. Quick Guide to Part 36 Costs Consequences
- 16. Quick Guide to QOCS
- Landlord and Tenant
- 17. Matters Specific to Landlord and Tenant Law
- 18. First Possession Hearings: Overview
- 19. First Possession Hearings: Rent Arrears
- 20. First Possession Hearings: Section 21
- 21. First Possession Hearings: Trespassers
- 22. First Possession Hearings: Forfeiture
- 23. First Possession Hearings: Mortgages
- 24. Approval of a Possession Order
- 25. Fast Track Possession Trials
- 26. Varying a Possession Order
- 27. Setting Aside a Possession Order
- 28. Warrant Suspensions
- 29. Relief from Forfeiture
- 30. Small Claims for Money Due Under a Long Lease
- 31. Residential Service Charge Disputes – FTT
- 32. ASB Injunctions
- Commercial Chancery
- 33. Matters Specific to Commercial and Chancery Cases
- 34. Applications for Extensions of Time
- 35. Applications to Set Aside a Statutory Demand
- 36. Bankruptcy Petitions
- 37. Injunctions to Restrain Presentation or Advertisement of Winding Up Petitions
- 38. Winding Up Petitions
- 39. Charging Orders
- 40. Orders for Sale
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