Monday 29 December 2008

M is for mendacity

Mendacity - n - the tendency to be untruthful




"Yes, the present was just perfect, exactly what I wanted", Barmaid uttered mendaciously.


Today I have drafted a Particulars of Claim and it actually went quite well, which usually means that I've completely misunderstood the requirements of the exercise and have messed up big style. Curiously the study pack literature states that for claims in negligence, the Claimant's date of birth must be included in the Particulars of Claim, but none have been provided by my provider? There are also no details of claim number or which court the case is to be heard, which makes it all a bit of a farce. I just made something up - nowt new there then:-)


I've been practising my advocacy and feel more than a little uncomfortable with my first stab at Civil Litigation. Barman yawned 3 times whilst I was going through it with him, so I guess it is just as I thought, dull and unimaginative, but it's difficult to set the world on fire when it's just an application for more time to serve a defence.


Yesterday I finally managed to complete this month's Criminal Litigation homework, but I'm uncertain that I've conquered the subject and had to guess the answers to several of the questions. I really thought that Criminal Litigation would be relatively easy for me, but it is turning out to be a bit of a nightmare and it is Civil Litigation that is easier to digest. We only have one more lot of Civil and Criminal Litigation homework before the MCT exam at the end of February and at this point in time, I feel ill prepared. Oh well, perhaps I'll have a eureka moment before the exam.


I have another study weekend looming and simply can't wait to receive the results from the Legal Research mock *cough*. Unfortunately we have an SGS to go through the papers, which means public humiliation for me, I'd rather forget all about it and move on. I'm also eagerly awaiting the 'proper' Legal Research exam handouts which we receive this weekend, to hand in at the end of January. Apparently 8 out of 10 BVC students fail first time, so at least I won't be lonely on the naughty step. Just please, not another negligence paper, I'm negligenced up to the ears.


My pro bono has been sadly neglected of late, so I'm determined to make more time in the New Year to make amends and put aside at least 2 days a month for that. I've yet to do any dining and will certainly have to get my finger out on that side of things too, but it's not easy when living at 'the back of beyond' and having to travel to London for everything. I've promised to take my best friend and sister-in-law along to a guest night, so plan to get something booked after Christmas. Best friend is rather loud at the best of times and even more so when nervous or drunk, which will probably result in an entertaining evening for all unfortunate enough to be sat near to our table.


I must admit to feeling quite pleased with myself with regards to ploughing through this month's homework. 3 weeks ago I was pretty certain that I wouldn't be able to get through it all, but with just Conference homework left to do, it's looking quite hopeful. A good proportion of the said homework was completed whilst under the influence and it remains to be seen whether this has enhanced my academic skills or not, but I'm quietly confident that it has:-)


2 comments:

barboy said...

Crikey, first he forgets your anniversary, and then he has the audacity to yawn during your advocacy practice. That Barman is certainly a brave one.

I wouldn't blame him for yawning during my advocacy practice though. Even I yawn during my own practice. Ummm, yawn, ermmm.

Anonymous said...

Regarding the claim no - you very likely won't have one yet as you've not issued your claim.

If you are missing information such as date of birth - insert a note to your instructing solicitors requesting that they obtain this information.