Overview

How to Win Your Case is a guide for all those presenting a case before a tribunal or court, both to make a claim and to defend it, including people acting for themselves. It covers all aspects of litigation from basic understanding to how to conduct investigations, negotiations, pleadings, preparations, case management, conducting the hearing and dealing with the aftermath. Based on 35 years of the author’s experience in courts and tribunals, the book covers the conduct of all kinds of civil litigation and contains examples of what needs to be done at each stage, and guidance on how to do so. This includes tips on how to ask questions, to avoid pitfalls, and to deal with mistakes, with expert techniques for each. To add practical insight, it also contains a helpful case study giving a practical illustration of the conduct of a case before the Employment Tribunal. This includes a Claim Form, Response, documents, statements, draft initial submissions, draft questions for witnesses (examination in chief and cross examination), draft final submissions and an indication of what a judgment might look like. The book does not promise success, but gives advice on how to conduct the case as effectively as possible. Although based on UK principles, this is a helpful guide for the conduct of civil litigation throughout the English-speaking world, where the principles are essentially the same. Its practical, rather than academic, approach avoids legal jargon where possible, making How to Win Your Case easy to understand and essential for those with only some, or even no, legal experience.

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9781526516787

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Sandy Kemp qualified as a solicitor in 1983 and has practised in fields of employment law and civil litigation. In 1994 he became an accredited specialist in employment law in 1994, and was admitted as solicitor advocate in 2011. He has appeared regularly in Employment Tribunals throughout UK, mainly, but not exclusively, for employers and he has appeared in Sheriff Courts throughout Scotland primarily in personal injury claims, but also commercial litigation. He has instructed employment and commercial cases in courts in England including at Court of Appeal and appeared in cases in the Employment Appeal Tribunal, and at the Inner House of the Court of Session (Scottish Court of Appeal and Supreme Court as solicitor advocate. In May 2018 he became an Employment Judge full time. Sandy has lectured on litigation issues and on advocacy for Employment Law Group and taught advocacy to colleagues and clients for over 10 years.

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