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The new litigation landscape

Part 3: Sarah Zielicka Edwards offers some tips on trial practicalities

In this age, with the emphasis on settling disputes, and when the costs of going to court can be prohibitive, many solicitors and their clients—even if the settlement is at the eleventh hour—do not often find themselves facing trial.

It follows that there is often a steep learning curve for parties and their advisers if they are to use time in court effectively. The learning curve is often not so much related to legal issues or to preparation of the case, but to practical and logistical matters. This article sets out some tips to ensure that your day in court runs smoothly.

Statements of case

It is a simple message, but it is essential that statements of case encapsulate all of your client’s arguments. Pleaded cases tend to alter slightly over the course of the proceedings and counsel, having read into the matter in order to prepare for

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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