How do you balance your dual roles as head of Chambers and a part-time judge in the First-Tier Tribunal? What are the unique challenges and benefits of switch - ing between advocacy, management and judging? Whilst I've been sitting in the FTT for 20 years, I'm relatively new to the Head of Chambers role, so it might be a bit early to draw any firm conclusions! Happily, the time commitment in the FTT is not unduly burdensome (c 15 days per annum), so there's plenty of time to carry on the "day job" and also discharge HoC functions. In that regard, I'm very lucky in having first- rate support from Paul and Darren as Senior Clerks, Charlie as Head of Marketing and Denise as Chambers Administrator. All of that has meant (so far at least!) that the role is relatively plain sailing…! When presiding over cases in the FTT, what is your approach to decision-mak- ing? Do you have any guiding principles or strategies that help you ensure fairness and impartiality? Read all of the papers and shut up – at least to begin with! I try and let all parties (especially those representing themselves) to acclimatise without too much direction from me (at least until closing). I very much value the site views that are very common in FTT cases; one gets a feel of what the case is about and often how unreasonable one party or the other (and occasionally, both!) are being. Technology has profoundly changed things. What sort of challenges does the judiciary face in the future as a consequence of these changes? What changes would you like to see? The glib answer would be two screens in each court room for all users (or at least the judge!), to enable bundles and other documents to be more easily read. In-Court technology outside of the Rolls Building (and
especially in the FTT) is woeful but somehow I doubt that this is any government’s priority. Longer term, there is a risk from AI in ‘manufacturing’ submissions and arguments which are (at best) off-point or (at worst) simply wrong but, on the whole, technology generally (and soft copy, searchable documents, in particular) have been an enormous boon. Couple with carefully selected hard-copy bundles of (genuinely!) key documents and you have the perfect mix. Having e-bundles earlier than currently often directed would make a huge difference in terms of familiarisation. With Halloween around the corner, have you ever encountered a case with “spooky” or unusual elements in the FTT? How do you handle cases that are outside the ordinary? Whilst I can’t say that I have experienced anything ‘supernatural’ whilst sitting, ‘out of the ordinary’ is quite usual! I have been taken to a site view on a miniature steam train, walked the length of a medieval mill leet, determined issues of accretion and diluvian (erosion) on the North Norfolk coast, deciphered many an historic conveyance (as once was said, difficult to read and disgusting to touch) and applied more presumptions than I care to remember. It’s land law, in its full, diverse glory! For individuals or businesses considering litigation as a way to resolve disputes, what advice would you give before they enter the courtroom? Are there any key factors they should consider or common pitfalls they should avoid? Read your witness statement! (2) Understand the issues (both factual and legal). A client and a witness who has done both generally gives clearer, crisper evidence. One who is fa- miliar with the documents avoids sounding hesitant, in fear of being contradicted. More generally, litigation is a process to secure commercial resolution without
THE LEGAL CORNER MAGAZINE | ISSUE 009 OCTOBER '24 | HALLOWEEN EDITION HB 10
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