It has become fashionable in some quarters to regard the pleadings as being of little importance. This view is often voiced in the suggestion that the exchange of briefs of evidence before trial will cure any lack of particularity in the pleadings. Such a view is misguided.
Pleadings which are properly drawn and particularised are an essential road map for the Court and the parties.
They are the documents against which the briefs of evidence are or should be prepared.
They are the documents which establish the parameters of the case, not the briefs of evidence.
This On Demand session outlines the core skills required and fundamental rules to be followed to produce really successful pleadings and other litigation documents. Those viewing will gain an in-depth understanding of:
the function of pleadings;
the formal requirements of pleading;
the principal rules of pleading; and
how to draw persuasive and authoritative statements of claim and statements of defence.
Who should view?
Civil and commercial litigators at junior to intermediate level and those more senior seeking a refresher. General practitioners who do some litigation work would also benefit from viewing.
Navigating litigation can be a minefield and your charted course may not prove smooth sailing.
Following the filing of pleadings, there are many issues, options and consequences - and whether to take certain steps requires an assessment of the big picture including risk, delay, cost and ultimate benefit to your client.
To that end, litigators should also be mindful of achieving the aim of legal and commercial efficiency. Against the context of some common case scenarios, this On Demand session explores a range of potential steps and pitfalls along the way to a hearing and offers insights and advice.
Reinforce your understanding of the range of effective procedural steps which might be available in a proceeding.
Evaluate the implications, both positive and negative, of elections made during the course of litigation.
Enhance your knowledge of how to manage and respond to interlocutory steps.
Develop your skills at assessing the nature of the evidence required to prove your case or defence.
Improve your efficiency through making better use of the tools available to help you along the way to settlement or trial, including how to establish an effective working relationship with opposing counsel and a framework for resolving the case or critical issues.
Who should view?
Civil and commercial litigators at junior to intermediate level and those more senior seeking a refresher. General practitioners who do some litigation work will also benefit from viewing.
This On Demand session examines the twists and turns a case can take in its final stages when a case is disposed of.
It provides guidance on how to prepare your client for what will - or could still be - in store and helps attendees manage the important issues which can arise in an efficient, practical way in accordance with the High Court or District Court Rules.
You will learn about:
The different forms of judgment and the steps which may be taken in respect of a judgment - including sealing, notification, recall, setting aside, variation, satisfaction, and enforcement.
Managing your client's expectations before and after the receipt of a judgment.
The implications of partial success.
The effect of non-compliance with orders in a judgment.
Claims for interest and the basis for them.
Costs issues including the kinds of costs awards which may be available under the rules - applying for increases from scale, costs against counsel and costs on specific issues.
Who should view?
All lawyers who act in civil and commercial litigation.