Description
Book SynopsisThis book not only offers a practical and comprehensive guide to effective written advocacy, but provides worked examples drawn from real cases contributed from todayâs leading and highly successful advocates.
Table of ContentsForeword and Acknowledgements Foreword to the First Edition Table of Cases Introduction: The Trend Towards Written Advocacy in Practice PART 1 SKELETON ARGUMENTS AND WRITTEN SUBMISSIONS 1 What the Court Requires 2 What Judges Want PART 2 DEVELOPING WRITTEN ADVOCACY SKILLS 3 Skills for the Practitioner 4 Creating a Style for Written Advocacy 5 Literary Techniques for the Advocate 6 The Technique of Persuasion in Writing 7 The Art of Précis for Lawyers 8 Tasks before Lodging PART 3 WHAT SUCCESSFUL ADVOCATES PROVIDE: WORKED EXAMPLES 9 Introduction to Worked Examples Worked examples A Queen’s Bench trial – Personal injuries – Quantum only – Claimant’s skeleton opening B Queen’s Bench trial – Clinical negligence – Quantum only – Claimant’s skeleton opening C Queen’s Bench Trial – Employer’s duties – Defendant’s skeleton opening D Queen’s Bench application to vacate trial – Claimant’s skeleton argument E Queen’s Bench Commercial Court trial – Claim for Insurance Indemnity – Claimant’s skeleton opening F Queen’s Bench Commercial Court trial – Claim for Third Party Rights to Insurance Policy – Defendant’s skeleton opening G Chancery Division – Application for summary judgment – Skeleton of 2nd Defendant H Chancery Division trial – Professional negligence – Defendant’s skeleton opening I Central Criminal Court – Preliminary issues of law – Defendants’ skeleton submissions J Crown Court at A – Wasted costs application – Respondent’s skeleton submissions K Court of Appeal – Renewal of application for permission – Applicant’s skeleton L Court of Appeal – Defendant Appellant’s skeleton M Court of Appeal – Defendant Appellants’ skeleton N Court of Appeal – Defendant Respondent’s skeleton O Supreme Court – Appellant’s case P Supreme Court – Respondent (Crown)’s case 10 Conclusion: Fifteen Key Points to Writing a Successful Skeleton PART 4 WRITTEN ADVOCACY OUTSIDE THE COURTS 11 Inter-partes Correspondence: The ‘Dear Judge’ Letter 12 Pre-action Protocol Letters of Claim and Reply 13 Part 36 Offers 14 Introduction to Worked Examples Worked examples Q Letter of claim under Pre-action Protocol R Post-issue letter of claim under Pre-action Protocol S Letter in reply to a Pre-action Protocol T Reply to a threat of injunction U Without Prejudice Part 36 offer 15 Conclusion Select Bibliography Index