Civil Litigation Skills in Practice
Master key elements of the civil litigation process from beginning to end with this curated step by step guide. Elevate your drafting skills, gain insights into how to prepare for trial and develop strategies for resolving disputes outside of court, this programme will equip you with the essential skills for success.
Description
Attend and earn 4 CPD hours
Chair: Nic Scampion, Barrister, Shortland Chambers
9.15am to 10.15am: Drafting Affidavits: Admissible, Relevant, Persuasive and Effective
- How to draft an admissible, relevant, persuasive and effective affidavit
- Examination of the High/District Court Rules, Evidence Act 2006 and Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008
- Practical tips for eliciting statements from your client’s witnesses, reviewing opposing affidavits and preparing affidavit/s in reply
- Techniques for dealing with multiple exhibits
- Formalities: Jurisdiction, swearing/affirming, filing and service requirements
Presented by Sarah Jerebine, Barrister, Bankside Chambers
10.20am to 11.20am: A Guide to Interlocutory Injunctions
- Recent developments in the application of the American Cyanamid / Klissers Farmhouse test
- Procedural and evidential requirements: presenting your case to the court
- Practicalities: getting the application before the court
- Differences when seeking interim orders in the arbitration and judicial review context
- Appeals, interveners and enforcement
Presented by Iva Rosic, Partner and Hamish McQueen, Associate, Gilbert Walker
11.20am to 11.30am Break
11.30am to 12.40pm: Courtroom Skills: Managing Difficult People
Join Damian Chesterman as you gain valuable skills and insights for working with unreasonable opposing counsel, judges, clients and witnesses.
Presented by Damian Chesterman, Barrister, Auckland
12.45pm to 1.45pm: Using Expert Evidence to Best Effect
When disputes arise, it is often necessary to engage an expert. The winning or losing of a dispute can turn on that expert’s evidence. It is imperative that expert witnesses, and legal counsel, understand how to present effective expert evidence. This session will cover:
- The role and responsibilities of an expert witness
- The process of giving expert evidence
- How to present effective expert evidence
- Potential pitfalls and how to avoid them
Presented by Rob Latton, Barrister, FortyEight Shortland Barristers
Learning Objectives:
- Receive step by step guidance on how to expertly draft affidavits.
- Examine recent development in interlocutory Injunctions and how to get the most out of your application to the court.
- Receive expert guidance on how to manage difficult individuals at all levels
- Learn how to work with experts and present effective expert evidence
Presenters
Nic Scampion, Barrister, Shortland Chambers
Nic Scampion practises in civil and commercial litigation and employment law. He practises from Shortland Chambers (https://www.shortlandchambers.co.nz) in Auckland and remains a member of Tanfield Chambers (https://www.tanfieldchambers.co.uk) in London. Nic has advised and represented a range of clients, including banks, government departments, insurers, and multinational companies, and has extensive trial experience, often in long and complex cases. He is also a commercial mediator and is on a number of mediation panels (including AMINZ, NZDRC, MBIE Weathertight Homes Tribunal, and the Law Society's panel), and has conducted commercial mediations in the UK and New Zealand. Nic has been a member of the Law Society’s Litigation Skills faculty since 2014, teaching advocacy and litigation skills to junior lawyers. Fuller details about Nic and his practice are at https://www.shortlandchambers.co.nz/barristers/nic-scampion
Sarah Jerebine, Barrister, Bankside Chambers
Sarah Jerebine is an experienced civil litigation lawyer, with particular expertise in public law and commercial litigation gained in leading national practices both here and in the UK since her admission in 2001. Over the past decade Sarah has acted primarily for Government as Crown Counsel, which afforded her the opportunity to act on complex litigation of public interest. She frequently appears in the High Court and Court of Appeal. She has also appeared in the Supreme Court, and on a number of occasions in the lower courts, at mediations and at judicial settlement conferences. Sarah has a particular interest in statutory interpretation, the exercise of Executive decision-making powers, and contract law. Sarah also has extensive experience in medicolegal matters, having appeared for and against large private health care providers, health care professionals, regulators, pharmaceutical companies, ACC, the Ministry of Health, DHBs, the Medical Protection Society, the Medical Council and for the equivalent in the UK. Sarah also acts on a range of matters concerning application of the Oranga Tamariki Act 1989, surrogacy laws, and immigration and refugee law.
Iva Rosic, Partner, Gilbert Walker
Iva Rosic is an experienced litigator and advises and represents clients in a broad range of commercial and contract disputes. She has experience in insurance, regulatory, contractual and large scale commercial disputes. Iva has represented clients in civil proceedings, prosecutions and investigations brought by the Financial Markets Authority, Commerce Commission, Serious Fraud Office, Police and other regulatory agencies. Iva is a partner at Gilbert/Walker, a specialist litigation and arbitration practice based in Auckland. Iva holds an LL.B. (Hons) from the University of Auckland and an LLM from Cambridge University.
Hamish McQueen, Senior Associate, Gilbert Walker
Hamish is a litigator who advises on a range of commercial and corporate disputes, with a particular focus on regulatory, company, and construction disputes. He appears in High Court and appellate hearings, arbitrations and other contractual dispute resolution forums. Hamish joined Gilbert Walker as an Associate in 2017, after completing his LLM at the University of Cambridge, where he received the WM Tapp Studentship in Law from Gonville & Caius College. He was previously a junior barrister at Shortland Chambers, and in 2018 he worked at barristers’ chambers in London as a Pegasus Scholar.
Damian Chesterman, Barrister, Auckland
Damian is a commercial barrister and arbitrator. He has over 20 years of trial experience. He has practised in New York, London, and Sydney. Damian’s recent cases involve Maori Trusts, Maori Land and Treaty Settlements. Damian has received the following qualifications: LLM (Hons, Cambridge); LLB (First Class Hons); B.Com; FAMINZ.
Rob Latton, Barrister, FortyEight Shortland Barristers
Rob Latton is a barrister practicing from 48 Shortland Barristers in Auckland. He is a practitioner with over 30 years experience in New Zealand and the United Kingdom. He commenced practice as a barrister sole in 2016. Rob specializes in civil and commercial advice and litigation, as has been involved in extensive estates and trusts work in recent years. In particular he ahs acted for many executors and trustees in claims alleging breaches of duty, as well as challenges to wills and general estate disputes.