CIVIL Higher Rights - Evidence & Litigation

Course level

Intermediate

Delegates

The courses contained within this programme will be of benefit to civil practitioners who wish to enhance their skill and understanding in the various areas of law and practice and for those who are preparing for the Higher Courts Advocacy Qualification (HCAQ).

Overview

These courses will provide busy practitioners with up-to-date, essential knowledge of the rules of evidence together with practical tips for dealing with these topics in practice.

Learning Objectives

Evidence 1 - The fundamental rules

• The nature of evidence used in Civil Proceedings
• Facts open to proof
• Admissibility and relevance of evidence
• The exclusionary rule under CPR 32.1
• Burden and standard of proof-legal and evidential burdens
• Types of evidence-Judicial evidence

Evidence 2 - Hearsay Evidence

• Overview of the main provisions of the law hearsay in civil proceedings by reference to CPR 33 and the Civil Evidence Act 1995
• The definition of ‘hearsay
• Degrees of hearsay
• Admissibility of hearsay
• Notice if intention to rely on hearsay and exceptions
• Effect of failure to serve Notice
• Consequences of being served with Notice
• Documentary hearsay
• The courts’ discretion in assessing the weight to be given hearsay

Evidence 3 - Witness Evidence

• Competence and Compellability of witnesses
• Evidence of witnesses of fact
• Requirements for witness statements
• Witness Summaries
• Witness Summons
• Witness familiarisation

Evidence 4 - Expert opinion evidence

• An overview of the law on the use of Expert evidence in civil proceedings under CPR 35
• Difference between evidence expert and adviser expert
• Exceptions to the inadmissibility of opinion evidence
• When is expert evidence required?
• Expert Duties
• Instructions to experts and their reports
• Experts’ discussions
• Second Experts
• Experts’ Immunity from Suit
• How to get the best from your Expert Witness

Evidence 5 - Disclosure and Privilege

• Understanding disclosure CPR 31
• Solicitors’ duty
• Pre action Disclosure
• Standard Disclosure
• Specific Disclosure
• Complying with E-Disclosure requirements
• Non Party Disclosure-Norwich Pharmacal CPR 31.18
• Non party disclosure under -CPR 31.17
• Heads of Privilege including Legal Professional Privilege. Without Prejudice and Public interest immunity
• Preservation of confidential information not privileged
• How to deal with inadvertent disclosure

Litigation 1 - ADR

• What is ADR?
• Solicitors obligations to advise client under SCC 2007
• Advantages and Disadvantages
• Appropriate timing for its use
• Suitability to cases
• Costs Implications for rejection

Litigation 2 - Principles of Case Management

• Application of Pre action Protocols or the PDPAC
• Objectives
• Sanctions for non compliance
• Understanding and applying the Overriding objective
• Understanding Judges’ Active and General case management powers
• Preparation for Case Management Conferences
• Interim Applications–Procedure and Practice
• Costs Orders at Interim hearings
• Costs at Trial

Litigation 3 - Trial Preparation

• Pre Trial Reviews
• Trial Bundles- Generally
• What must be included?
• Reading Lists
• Skeleton Arguments-When to use. Purpose and Content
• Authorities
• Overview of Trial
• Costs submissions at end of trial/post judgment

Litigation 4 - Drafting Statements of Case

• The Main Statements of Case
• Rules Governing Form and Content of Statements of Case
• Drafting techniques
• Clear legal writing skills
• Basic Do’s and Don’ts of drafting
• Contents of Particulars of Claim
• Matters to be specifically pleaded
• Valuing a claim
• Claiming interest
• Contents of Defence, Reply
• Counterclaims and Additional claims
• Drafting exercises

Litigation 5 - Appeals

• Basis of the Appeal System
• Appeals – General principles, including timing, grounds and form of appeals
• Structure of appeals
• Documentation
• Fresh evidence
• General powers vested in the appeal court
• Leapfrog Appeals
• Appeals to the Supreme Court