Professional Documents
Culture Documents
Opening
a
Case
1.
Introduction
This
handout
considers
opening
speeches
in
all
civil
proceedings.
The
Costs
Lawyer
however
is
only
like
to
exercise
their
rights
of
audience
in
chambers
applications,
it
is
therefore
particularly
important
for
you
to
master
the
skills
relevant
to
chambers
advocacy.
Hearings
in
Chambers
usually
have
no
‘live’
witnesses
and
advocates
are
usually
seated
when
addressing
the
court.
Costs
lawyers
are
considered
specifically
later
in
this
module.
In
Civil
trials
the
claimant’s
advocate
has
the
right
to
open
(unless,
unusually,
the
burden
of
proof
of
all
issues
lies
on
the
defendant).
If
the
defendant’s
advocate
elects
to
make
an
opening
speech,
he
is
not
entitled
to
make
a
closing
speech
except
with
leave
of
the
court.
The
purpose
of
the
advocate’s
opening
speech
in
a
civil
trial
will
be
to:
1. introduce
himself
and
his/her
opponent
to
the
court;
2. indicate
the
nature
of
his
claim,
for
example:
‘Your
Honour,
this
is
a
claim
for
damages
for
breach
of
contract’;
3. summarise
the
areas
of
dispute
between
the
parties;
4. outline
by
reference
to
the
statements
of
case
the
alleged
facts
of
the
case
(nothing
which
cannot
be
proved
should
be
asserted),
indicating
areas
of
dispute;
5. introduce
the
evidence,
including
any
matters
contained
in
agreed
documents;
6. summarise
the
legal
principles
involved,
indication
areas
where
a
ruling
will
have
to
be
made.
1
We
would
suggest
in
practice
that
you
hold
of
copies
of
papers
for
the
judge
especially
if
the
papers
assist
you
and
harm
your
opponent.
You
will
get
more
confident
of
being
able
to
move
around
the
submissions
and
the
law
in
time.
Example
opening:
Good
morning
sir.
I
appear
in
behalf
of
the
defendant
and
my
learned
friend
Mr
X
appears
on
behalf
of
the
claimant.
This
is
the
Defendant’s
application
to
set
aside
Def
Judge
of
District
Judge
X
dated
DDMMYYY
pursuant
to
Part
XX
of
the
Civil
Procedure
Rules.
Have
you
had
sight
of
all
the
papers
sir?
The
burden
of
my
submission
is
to
show
that
you
should
usually
discretionary
powers
to
set
aside
this
judgement
on
the
basis
of
2
fundamental
submissions
There
is
a
real
prospect
of
defending
the
case
of
Smith
and
the
result
of
some
good
reason
why
you
shouldn't
set
of
the
site
Also
show
that
the
application
was
made
in
a
prompt
and
timely
fashion
We
would
then
go
through
the
brief
facts
of
the
case.
4.
Template
Suggested
Application
Opening
þ May
it
please
your
sir/madam
I
appear
on
behalf
of
the
Applicant
and
my
Learned
Friend
Mr
X
appears
on
behalf
of
the
Defendant
This
is
the
Claimants
application
for
YYY
pursuant
to
Part
Z
of
the
Civil
Procedure
Rules.
þ Has
the
court
had
sight
of
the
papers
–
be
specific
(if
need
be).
þ If
applicable
state
the
chronology
of
previous
applications
at
this
point,
for
example:
This
matter
was
last
before
the
Court
on
the
DDMMYY
where
the
court
made
an
order
that/
gave
directions
such
that…
I
attend
with
a
prepared
chronology
and
skeleton
argument
which
was
submitted
to
the
Court
DDMMYY.
Has
the
court
had
sight
of
it?
þ If
applicable
state:
Before
I
make
my
submissions
there
are
some
small
matters
of
housekeeping
that
I
ought
to
bring
to
the
Court’s
attention
þ List
same
and
explain
the
errors
if
you
think
you
need
to
þ Start
your
submissions
proper
and
in
line
with
the
format
and
order
of
your
skelly