header-logo header-logo

01 April 2010 / District Judge Monty Trent
Issue: 7411 & 7412 / Categories: Opinion , Profession
printer mail-detail

The old days

I was infected with the litigation “bug” well over 40 years ago and have watched in fascination from both sides of the Bench as advocacy styles have changed. Yet one skill endures—the art of persuasion.

I was infected with the litigation “bug” well over 40 years ago and have watched in fascination from both sides of the Bench as advocacy styles have changed. Yet one skill endures—the art of persuasion. Whether a reluctant judge is being moved to make an unpopular decision or a witness being coaxed into remembering what really happened or accepting the implausibility of their evidence, there is nothing to touch it.

However, many of the other skills we enjoyed in the past are no longer required. In the civil arena, gone are the agonies of extracting evidence from a terrified witness during a protracted examination in chief under the glare of a cold judicial stare. Instead, all an advocate has to do is ask his witness to identify their signature on a written statement and hope they

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll