Don’t run with scissors

Some issues are potentially dangerous to both sides.

For example, if you say that the other side has fabricated a key email, and the tribunal is convinced they have, you have secured a major advantage. The tribunal is likely to be seriously offended by this sort of deceit and to regard the rest of the respondent’s evidence with great scepticism. You won’t necessarily win your case — but your chances have been significantly improved.

On the other hand, if you make the same allegation and the tribunal rejects it you may well have done yourself great harm (especially if they think there is no real reason to suspect forgery). Tribunals don’t like unsubstantiated conspiracy theories and they may well conclude that you are something of a kook. Again, you won’t definitely lose — but your chances have been reduced.

This means that these sorts of allegations have to be dealt with carefully. Don’t make them casually or unless you have the evidence to back them up. If you do make them, think about how to do so as clearly and persuasively as possible. Bear in mind the risk that you may appear a little paranoid and do your best to combat it. Remember that you are handling dangerous material.

This means that sometimes you will suspect that there has been foul play in some way, but shouldn’t, tactically, allege it in tribunal. You may well be right — people are often very good at picking up subtle intonations, body language and other indications that something is amiss. But just being right does you no good; you have to convince the tribunal. Sometimes it is better to let your suspicions pass and focus on a different area of the case. If you’re considering this, do so carefully and then stick to your decision. Changing your mind half way through the case and making a surprise allegation is very rarely a good strategy.