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Vol 21 No 3 March/April 2016

Book of the Month

Cover of The Law of Freedom of Information

The Law of Freedom of Information

Edited by: John Macdonald, Ross Crail
Price: £225.00

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Effective Written Advocacy: A Guide for Practitioners 2nd ed


ISBN13: 9780854900954
Previous Edition ISBN: 9781858113609
Published: February 2012
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Paperback
Price: £35.00



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Is it possible to win your case before arriving at court? The author, a practising barrister for over thirty years, believes a highly focused approach to your written advocacy – correspondence, written negotiation, Part 36 offers and skeleton arguments, written opening notes for trial, closing submissions and costs submissions – will put you in the best possible position to do just that.

The importance of oral advocacy in deciding cases is not in dispute, but increasingly judges form pre-trial opinions of the likely outcome from written material, notably the skeleton or opening note. The application, trial or appeal then becomes a process to measure the judge’s pre-formed view. The effective written closing submission will become part of the judgment.

This book not only offers a practical and comprehensive guide to effective written advocacy, but provides worked examples drawn from real cases contributed from leading advocates such as Sue Carr QC, David Etherington QC, Lord Faulks QC, Andrew Hochhauser QC, Richard Lissock QC, Lord Pannick QC, and Lord Sumption.

Of particular interest to both practitioners and students of litigation practice, the second edition offers 17 new examples together with a discussion on written advocacy in family and criminal cases.

Invaluable to the practising lawyer, this book will also be compelling reading for anyone with an interest in using the legal process.

"Goodman has produced a first-class practical guide to modern written advocacy. The beauty of Goodman's new edition lies with the working examples from leading current advocates so we know what it is that the judges want. Effective Written Advocacy is an advocates's bible both invaluable and compelling...should be compulsory reading for all law students" Phillip Taylor, Richmond Green Chambers

Subjects:
Advocacy, Drafting and Legal Writing, Wildy, Simmonds and Hill, Courts and Procedure
Contents:

Foreword 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