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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 trial,

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
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