Preparing to Give Evidence in the Upper Tribunal and Civil Courts
The Upper Tribunal (Lands Chamber) is the successor to the Lands Tribunal and is a specialist arena that hears predominantly CPO, Rating and Leasehold enfranchisement disputes, and is equivalent to the High Court, though it has its own rules, procedures and members who sit. If you are destined to give evidence, or take a case to LT, you should be attending.
| Start Date | Venue | Price | |
|---|---|---|---|
| 21 May 2014 | Strand Palace Hotel, London |
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
The Upper Tribunal (Lands Chamber) is the successor to the Lands Tribunal and is an independent and specialist judicial body, equivalent to the High Court, but has its own rules, procedures and members who sit.
It generally hears Compulsory Purchase, Rating and Leasehold Enfranchisement disputes and this event will explain the procedures, preparations and tactics for appearing in the Upper Tribunal. The rules and procedures are very similar to those in civil court cases, so the programme will provide an equally effective and valuable understanding of giving evidence in such cases.
It is vital that experts appearing in the LC are familiar with the rules and procedures, and the expectations from ‘their team’; and judges will expect anyone giving evidence to be able to distinguish between advocacy and expert evidence. Failure to do so could damage your case and could lead to being reported to your professional body for breaching the code of professional conduct on giving evidence.
What our 2013 delegates said:
'Style of speakers was excellent, sharing genuine experiences'
'Content of course was extremely useful'
'Well organised conference with knowledgeable speakers'
Speakers
- Colin Smith, Consultant, Dalcour Maclaren
- Alexander Booth QC, Barrister, Francis Taylor Building
- Peter Scrafton FIRRV, FCIArb, MRSA (Hon) Solicitor (Non-Practising), Principal, J P Scrafton, London
Programme
Moving From Negotiations To Litigation
- What happens next?
- How strong is your position?
- What are the client's ambitions?
- Your duties to the client
- Rating your opposition?
- Have they a good case; in valuation, in legal terms, in other terms?
- Who's on their team?
- When to involve your legal team?
- Protecting your position
- Be aware of Calderbanks and sealed offers
- Discussions with and without prejudice
- Your change in Role
- Managing client expectations
- How to withdraw from the fight
Procedural Issues To Get To A Hearing
- Statement of case
- Ensuring tribunal jurisdiction
- Statement of primary agreed fact
- Facts on which you wish to rely
- Contentions
- What documents do you need?
- Collating the ammunition from your various witnesses
- Disclosure
- Exchanging statements and reports
- Case management
- Timetable
- Tribunal procedures/directions
- Witness statement of facts
- The anatomy of the process
Rules And Guidance
- RICS expert witness rules
- Liabilities of expert witnesses and professional indemnity issues
- Changes to the rules of privilege
Negotiations And Statement Of Facts And Issues For Determination
- Discussions between experts
- Statement of common ground
Session 1 - Being An Expert Witness – How To Present And Conduct Yourself
- Types of witnesses
- Giving evidence in tribunal
- Presenting to the tribunal
- Useful tips
Session 2 - Cross Examination Strategies
- What an advocate should, can, and can't do?
- How advocates examine?
- Know your own advocate and your opponent's
- The logic of the advocate
Session 2 – Challenging The Witness
- Styles of cross-examination
- Cross examination tactics
- Questions from the tribunal
- Practical examples
Snatching Defeat From The Jaws Of Victory
The Nightmare Of Costs – You May Win The Case But Lose On Costs
- Calderbanks and sealed offers
- Changes to costs in the LT regime
Questions
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