Advocates and tribunals do disagree. In many cases that disagreement will only become apparent once the tribunal gives its judgment, but, fairly often, the tribunal will intervene at some stage to say something to the effect of “One moment, Mr Rhodes, that is just not right”.
In Aptuit v Kennedy the EAT has provided guidance on two important issues relating to the Statutory Dismissal and Disciplinary Procedure. Firstly, the process by…
Lawyers are notorious for their use of jargon, or ‘legalese’ as it is sometimes known in this context. There are really two reasons for lawyers’…
Respondents can display all sorts of undesirable behaviour during a case. One of the more difficult to handle is an attempt to make a romantic…
Technically, there is no dress code for the tribunal (it is, of course, vital you wear something). Unlike many civil courts, you will not see…
Text messages create particular evidential problems, because unlike emails and Instant Messenger conversations they cannot normally be printed out. This makes it difficult to present…
Some solicitors add tabbed dividers to bundles. A small number of dividers – used to show, for example, where the pleadings end and the contemporary…
Difficulties arise in tribunal if a representative believes that a witness has been vitally damaged under cross-examination, but the client does not. The representative may…
New advocates are often told not to say ‘umm’. This is good advice. ((Although the odd ‘umm’ does no harm and there is no need…
One of the important techniques in cross-examination is leading up to an important point with the right preliminary questions. The key is to place the…