Consultation Seminar
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This consultation seminar covered practical aspects of consultations and litigation tips. It discussed devising effective consultations by stating proposals and options, providing information on alternatives, and considering internal reports and advice. When stating proposals, it is important to not rule out options early and to disclose discarded options and high-level alternatives. For alternatives, links to options and a basic test are key, while information on rejected options, financial information, and the duty of inquiry are difficult areas, though courts are interested after Moseley. Internal reports and advice should be procured and the basic approach considered, especially in specialist courts. Litigation tips include providing thorough evidence for both substantive grounds and relief, engaging all stakeholders, and addressing any gaps, though
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- 1. Consultation Seminar 13th November 2014 Alison Foster QC Jonathan Auburn Victoria Butler-Cole Peter Mant
- 2. Consultation practical aspects: Devising a consultation Litigation tips Jonathan Auburn
- 3. Devising a consultation Stating the proposal & options Information on alternatives Internal reports / advice
- 4. Stating the proposal & options Not ruling out options at an early stage Discarded options & high-level alternatives Gatwick airport Link to Moseley Conclusion / trend: high risk, courts interested
- 5. Information on alternatives Link to options issue Basic test Difficult areas: Information on rejected options Financial information Duty of inquiry? Conclusion / trend: less certain after Moseley?
- 6. Internal reports / advice Procured expert reports, internal technical advice Basic approach Specialist courts / tribunals Conclusion / trend: query greater use with more judicial inquiry?
- 7. Litigation tips Evidence evidence evidence Important both to substantive grounds and, importantly, to relief For defendants: all strands of engagement For claimants: all gaps, who not told, what missing
- 8. The make no difference argument Judicial trends Still possible post Moseley? Deputy judges & specialised courts / tribunals Bottom line: For defendants, still worth raising? little to lose? Thirty Nine Essex Street LLP is a governance and holding entity and a limited liability partnership registered in England and Wales (registered number0C360005) with its registered office at 39 Essex Street, London WC2R 3AT Thirty Nine Essex Street's members provide legal and advocacy services as independent, self-employed barristers and no entity connected with Thirty Nine Essex Street provides any legal services. Thirty Nine Essex Street (Services) Limited manages the administrative, operational and support functions ofChambers and is a company incorporated in England and Wales (company number 7385894) with its registered office at 39 Essex Street, London WC2R 3AT