Putting page numbers in a bundle is a dull job – and guess what? Nobody has to do it.
A common experience in litigation is nervousness about facing the other side in tribunal.
This can happen to almost anyone. Litigants in person are often intimidated if their opponent is a lawyer. A CAB adviser might be nervous of specialist counsel. And there are a few QCs everyone is a bit scared of.
When considering a case a tribunal will inevitably take some account of the way people act during the litigation. This is one reason that it’s best to behave in a sensible and reasonable manner.
It is particularly important not act in a way that directly undermines your case. If, for example, the respondent says that you were dismissed for acting in an aggressive and anger manner, try not to blow up during cross-examination. And, if you were dismissed for persistent lateness (which you deny), it is vital that you not turn up half an hour after the hearing was supposed to start.
Chronological order – that is to say, date order – is the only way to arrange the papers in a hearing bundle. Anything else will be confusing at best, enraging at worst.
If you’ve bought the book to help you run your own case, you probably won’t need it again once the case is finished and the…
It’s a common mistake to think that what witnesses say doesn’t count as evidence: as in “It’s my word against his, but there’s no evidence.” If he says you did and you say you didn’t, that’s evidence on both sides. It’s the tribunal’s job to listen to his evidence, and yours, and decide who to believe.
It is a good general rule (probably in life, but certainly in litigation) to make your best points and then stop. It will be very rare indeed that there are more than half a dozen or so really good points in any case.
You will get the best value out of your adviser or representative – whether you’re paying for their help or getting it for free – if you do what you can to make their job easier.
If you lose your job or get into a dispute with your employer, checking the small print of your household or car insurance may not be among the first things you think of doing – but it probably should be.
We are all highly reliant on technology these days. Most litigation will involve three photocopiers; about three fax machines; at least half a dozen phones (including mobiles) and five computers.
No scientific survey has been conducted, so these numbers may be wrong, but the point stands. We use a lot of technology, for very good reasons.
Always bear in mind that this technology is prone to failure. Normally at the worst possible time.