Monday 1 December 2008

'k' is for kook


Kook - n - an eccentric or foolish person


I'm sure that we all move in such exclusive, legal circles that we couldn't possibly know anyone kooky!


Thank goodness that BVC study weekend is over, got another one that looks equally as demanding next month, but it does appear that things start to calm down a little towards next Spring.


Today I've had a little look at next month's advocacy and haven't a clue what we are supposed to do? It's my first stab at civil advocacy and it is an application for an extension to file a defence. My provider seems to think that by some sort of osmosis we somehow know how to go about these things, but alas, that eureka moment just didn't happen and I'm a little confused? Do we just say our bit all in one go, or do we 'tennis match' the dialogue back and forth with the other side? I presume that the person applying for the extension goes first, but do they just have one go, or do they reply to the objections raised? Oh well, it all adds to the excitement I guess, sort of...

4 comments:

Poppy said...

I am guessing that it is an application and all of our Civil applications followed the same form:

Applicant states that they want X, that the power to grant X is in CPR rule 1.000000087, and the reasons why this applies to this case are 1, 2, 3 and poss 4. Then summarises what they have spent 10 minutes saying in 45 secs.

Respondent then gets a chance to say that what the applicant says is a load of rubbish in the same form.

Applicant then gets 2/3 mins to respond.

Judge makes his mind up and gives the decision.

Hope this is some help...

Barmaid said...

Thanks LL, that is a big help. I thought it was something along those lines, but was a little unsure as to whether I (as respondent) just had to speak once.

Poppy said...

Do you get a bit longer? -At my provider our Respondent's always got 12 mins instead of the applicant's 10 to allow them to weave some rebuttal into their argument against the application based on what the applicant had just said.

(too may applicants in that sentence!)

Good Luck, let me know how it goes!

LL

Barmaid said...

The provider hasn't given any indication on time. They are very vague when it comes to advocacy instructions.