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On Your Feet: A Practical Guide to Civil Advocacy

On Your Feet: A Practical Guide to Civil Advocacy
Practice Area:  Litigation
ISBN:  9780414000216
Published by:  Sweet & Maxwell
Publication Date:  19 Aug 2019
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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PRODUCT DESCRIPTION

On Your Feet: A Practical Guide to Civil Advocacy provides broad coverage of the types of hearings commonly encountered by pupils and junior tenants practising in civil law. The aim of the book is to provide practical information, quickly and clearly, about how to approach each type of hearing and the issues that may arise in that hearing. 

There is a dearth of practical information for pupils or junior tenants practising in civil law when receiving their first briefs or attending a hearing for the first time. Until now, the approach has generally been to learn ‘on-the-job’, which leaves many pupils and junior tenants feeling unsure and underprepared before a hearing. 

This book guides the reader through the process of attending court and running their own case, across many different types of hearing, from start to finish. This includes holding conferences with clients, communicating with solicitors, making submissions, and drafting final orders. It highlights the key texts, rules, and case law applicable to each type of hearing and provides a firm framework upon which a barrister may build their case. It will also be useful to solicitor advocates, solicitors’ agents, and litigants in person who may be unfamiliar with the different types of hearing or how a case proceeds.
 
The authors, all practising junior barristers, have experience of regular court work and are writing from a current, junior perspective, answering the common questions asked by pupils and junior tenants. The content of the book is divided between General Civil and Personal Injury; Landlord and Tenant; Commercial Chancery; and Employment. The Introductory section covers general practical considerations, whilst the appendix includes examples of orders and attendance notes which have been approved and used in real cases. Although the book is not a replacement for the White Book, it offers cross-references to it, so acts as a ‘way in’ for those not overly familiar with it.


Features:
  • Provides detailed coverage of the types of hearings commonly encountered by pupils and junior tenants practising specifically in civil law
  • Subject areas covered are general Civil & Personal Injury; Commercial and Chancery; Employment and Landlord & Tenant
  • Provides clear, practical and focused information about how to approach each type of hearing and the issues that may arise in that hearing
  • Indicates the key texts (including the White Book), rules and cases to consult, and guides the reader through the process of appearing in that hearing, including holding conferences with the client, communicating with the solicitors, and drafting orders
  • Fills a gap in the market and builds on the limited resources already available
  • The authors have experience of regular court work and are writing from a current, junior perspective, answering the common questions asked by pupils and junior tenants



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CONTENTS

TABLE OF CONTENTS

1. Introduction and Practical Considerations

General Civil and Personal Injury

2. Relief from Sanctions
3. Strike Out
4. Summary Judgment
5. Setting Aside and Varying Default Judgment
6. Road Traffic Accidents
7. Credit Hire
8. Small Claims Hearings
9. Fast Track Hearings
10. Stage 3 Hearings
11. Infant Settlement Approval Hearings
12. Case and Costs Management Conferences (CCMCs)
13. Confirming, Correcting and Amplifying Witness Statements
14. Quick Guide to Fast Track Costs
15. Quick Guide to Part 36 Costs Consequences
16. Quick Guide to QOCS

Landlord and Tenant

17. Matters Specific to Landlord and Tenant Law
18. First Possession Hearings: Overview
19. First Possession Hearings: Rent Arrears
20. First Possession Hearings: Section 21
21. First Possession Hearings: Trespassers
22. First Possession Hearings: Forfeiture
23. First Possession Hearings: Mortgages
24. Approval of a Possession Order
25. Fast Track Possession Trials
26. Varying a Possession Order
27. Setting Aside a Possession Order
28. Warrant Suspensions
29. Relief from Forfeiture
30. Small Claims for Money Due Under a Long Lease
31. Residential Service Charge Disputes - FTT
32. ASB Injunctions

Commercial Chancery

33. Matters Specific to Commercial and Chancery Cases
34. Applications for Extensions of Time
35. Applications to Set Aside a Statutory Demand
36. Bankruptcy Petitions
37. Injunctions to Restrain Presentation or Advertisement of Winding Up Petitions
38. Winding Up Petitions
39. Charging Orders
40. Orders for Sale
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