On 15 May, 08:53, Mike Johnson
wrote:
> =A0I would say that he was definitely not au fait with the legislation.
> (I was surprised at the time - but can see that a Judge cannot be
> totally au fait with all aspects of all legislation and probably
> expects the legal representative or the LIP to point it out to him.)
That's right. Its always best to assume the judge has no idea at all
about the law (or the rules of procedure) and come ready to assist
them with every detail. In fact you may get lucky, but its better to
be prepared.
DPA cases are pretty rare in county courts, so the judges will not as
a rule be familiar with them. Other kinds of cases (eg landlord and
tenant possession, personal injury...) are so common that many judges
know a great deal of the law and procedure, but its not something to
rely on.
I always tell student barristers that, in making any application (and
this goes for a trial too I guess):
1. say what you want.
2. say why (i.e. under what law) the judge can do what you want.
3. say what (if any) is the test the judge should apply in doing what
you want.
4. explain - on the facts of the case - why the judge should do what
you want.
5. check with the judge if there are any gaps in 1-4 above ("can I be
of any further assistance...." is a polite way to put it).
Francis
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