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The new litigation landscape

Part 3: Sarah Zielicka Edwards offers some tips on trial practicalities

In this age, with the emphasis on settling disputes, and when the costs of going to court can be prohibitive, many solicitors and their clients—even if the settlement is at the eleventh hour—do not often find themselves facing trial.

It follows that there is often a steep learning curve for parties and their advisers if they are to use time in court effectively. The learning curve is often not so much related to legal issues or to preparation of the case, but to practical and logistical matters. This article sets out some tips to ensure that your day in court runs smoothly.

Statements of case

It is a simple message, but it is essential that statements of case encapsulate all of your client’s arguments. Pleaded cases tend to alter slightly over the course of the proceedings and counsel, having read into the matter in order to prepare for

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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