Effective Written Advocacy

Andrew Goodman is a practising Barrister, Arbitrator, Mediator and Mediation Advocate and author of over forty books on legal practice, procedure and skills, and visiting Professor of Conflict Management and Dispute Resolution studies.

• Foreword and AcknowledgementsForeword to the First EditionTable of CasesIntroduction: The Trend Towards Written Advocacy in PracticePART 1 SKELETON ARGUMENTS AND WRITTEN SUBMISSIONS1What the Court Requires2What Judges WantPART 2 DEVELOPING WRITTEN ADVOCACY SKILLS3Skills for the Practitioner4Creating a Style for Written Advocacy5Literary Techniques for the Advocate6The Technique of Persuasion in Writing7The Art of Précis for Lawyers8Tasks before LodgingPART 3 WHAT SUCCESSFUL ADVOCATES PROVIDE: WORKED EXAMPLES9Introduction to Worked ExamplesWorked examplesAQueen’s Bench trial – Personal injuries – Quantum only – Claimant’s skeleton openingBQueen’s Bench trial – Clinical negligence – Quantum only – Claimant’s skeleton openingCQueen’s Bench Trial – Employer’s duties – Defendant’s skeleton openingDQueen’s Bench application to vacate trial – Claimant’s skeleton argumentEQueen’s Bench Commercial Court trial – Claim for Insurance Indemnity – Claimant’s skeleton openingFQueen’s Bench Commercial Court trial – Claim for Third Party Rights to Insurance Policy – Defendant’s skeleton openingGChancery Division – Application for summary judgment – Skeleton of 2nd DefendantHChancery Division trial – Professional negligence – Defendant’s skeleton openingICentral Criminal Court – Preliminary issues of law – Defendants’ skeleton submissionsJCrown Court at A – Wasted costs application – Respondent’s skeleton submissionsKCourt of Appeal – Renewal of application for permission – Applicant’s skeletonLCourt of Appeal – Defendant Appellant’s skeletonMCourt of Appeal – Defendant Appellants’ skeletonNCourt of Appeal – Defendant Respondent’s skeletonOSupreme Court – Appellant’s casePSupreme Court – Respondent (Crown)’s case10Conclusion: Fifteen Key Points to Writing a Successful SkeletonPART 4 WRITTEN ADVOCACY OUTSIDE THE COURTS11Inter-partes Correspondence: The ‘Dear Judge’ Letter12Pre-action Protocol Letters of Claim and Reply13Part 36 Offers14Introduction to Worked ExamplesWorked examplesQLetter of claim under Pre-action ProtocolRPost-issue letter of claim under Pre-action ProtocolSLetter in reply to a Pre-action ProtocolTReply to a threat of injunctionUWithout Prejudice Part 36 offer15ConclusionSelect BibliographyIndex