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Effective Written Advocacy


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Table of 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 Precis 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

About the Author

Andrew Goodman is a practising Barrister, Arbitrator, Mediator and Mediation Advocate and author of over forty books on legal practice, procedure and skills, and visiting Professor of Conflict Management and Dispute Resolution studies.

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