Barrister or Bankrupt

Filip Borkowy's blog on law, language, migration, nationality and cross-border relationships. filip at borkowy dot com

Shami Chakrabarti

At a SIHRG talk on Wednesday (possibly paraphrased):

"I am the Grim Reaper."

(the Director of Liberty suggesting that she is invoked whenever something ominous is happening in the world of civil liberties and human rights)

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Disclaimer: The postings on this site are my own and don't necessarily represent the positions, strategies or opinions of my employer.

October 27, 2006 in Notable Advocates | Permalink | Comments (0) | TrackBack (0)

Mr. Justice Pumfrey

In the High Court today (paraphrased):

(A litigant-in-person is being asked to go out and get a form from another part of the building and come back)

Litigant-In-Person: "May I leave my papers and things here, My Lord?"

Mr. Justice Pumfrey: "I would prefer if you put your things in a pile on the side."

(litigant starts to pile up her things on the side)

MJP: "Don't leave your handbag - there are plenty of counsel about."

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Disclaimer: The postings on this site are my own and don't necessarily represent the positions, strategies or opinions of my employer.

August 24, 2006 in Notable Advocates | Permalink | Comments (0) | TrackBack (0)

Unknown Barrister

Overheard in the High Court today (paraphrased):

Barrister: "We have reached an agreement, My Lord. We propose to draft an order and send it in."

Mr. Justice Pumfrey: "Very well.I would like to see both of your signatures on it, and I don't want to see you again."

(COMIC PAUSE)

B: "Is that ever, my Lord?"

MJP: "If you have another client, you are most welcome to come before me again."

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Disclaimer: The postings on this site are my own and don't necessarily represent the positions, strategies or opinions of my employer.

August 24, 2006 in Notable Advocates | Permalink | Comments (0) | TrackBack (0)

Mr. Justice Collins

"In classic Wednesbury terms, they did not take it fully into account"

Mr. Justice Collins, unknown case, 2006

"Wednesbury unreasonableness" is a term referring to a principle relating to administrative law first enunciated in the case of Associated Picture Houses v Wednesbury Corporation (1948). Nothing else that is both legal and interesting has ever happened in Wednesbury since, so lawyers can just use the town's name and other lawyers will understand what they are talking about.

(click here to read about "Notable Advocates" entries)

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Disclaimer: The postings on this site are my own and don't necessarily represent the positions, strategies or opinions of my employer.

April 12, 2006 in Notable Advocates | Permalink | Comments (0) | TrackBack (0)

Vikram Sachdewa

"The issue before the court then is squarely the same as today."

Mr. Vikram Sachdewa, Iweh v Secretary of State for the Home Department (2006)

Lawyers often talk about an issue "fitting" a particular principle in case law. For example, a precedent set in a case called Aylesbury FC v Watford Association FC (2000) was that minors would not be bound by onerous contracts. If another case came to court relating to a child being tied into an allegedly onerous contract, there would be discussion as to whether the present case "fits" Aylesbury. Mr. Sachdewa, in an immigration case, was proposing the existence of a precedent.

(click here to read about "Notable Advocates" entries)

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Disclaimer: The postings on this site are my own and don't necessarily represent the positions, strategies or opinions of my employer.

April 12, 2006 in Notable Advocates | Permalink | Comments (2) | TrackBack (0)

Notable Advocates

"Notable Advocates" will be the title of a new section of BoB that I hope you may enjoy. Working at the Royal Courts of Justice allows me to spend a considerable amount of time in court, either in support of a client or popping in to an interesting case as a spectator.

Legally speaking, an advocate is one who speaks for another. In the higher courts of England and Wales (and many other common law jurisdictions) this function is traditionally carried out by barristers, though nowadays some solicitors can also appear before the High Court, Court of Appeal and the House of Lords.

English and Welsh legal advocacy is an exercise in intelligence, language, preparedness and manners. Establishing a rapport with the judge is crucial, as is maintaining coherence when making complicated submissions. Court time is very expensive so an advocate who wastes it through being ill-prepared will not be tolerated. An element of the theatrical is also involved; a verbal flourish here or a perfectly-timed silence there can serve to underline the point and help it to stick in the judge's (or jury's) mind.

I have seen and heard some wonderful advocacy in my time at the RCJ (and elsewhere), and I would like to share some of the pleasures of watching marvellous advocates at work with the BoB's readers; elegant turns of phrase, clever strategies and other interesting courtroom moments.

If you would like to temporarily filter this weblog to see "Notable Advocates" entries only, please click the heading on the right under "Categories".

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Disclaimer: The postings on this site are my own and don't necessarily represent the positions, strategies or opinions of my employer.

April 12, 2006 in Notable Advocates | Permalink | Comments (1) | TrackBack (0)

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