Advocates in family proceedings, whether barristers or solicitors, owe certain duties to the court and to their clients, which differ from those in other civil proceedings. These arise from the distinctive nature of family cases: there is no jury; rules of evidence permit greater freedom for presentation of the client's case; hearings, particularly those involving children, tend to be more inquisitorial; and the factual background of family breakdown tends to produce emotional witnesses and parties. In this novel work, David Bedingfield explores the skills and rules of good advocacy and applies them to the range of family proceedings: ancillary relief claims; private and public law Children Act cases; injunction applications; abduction and adoption cases; and appeal hearings. This practical text is enlivened by numerous examples and incorporates the collective wisdom of dozens of family law judges, and leading barristers and solicitors, interviewed in the course of the research.
Table of Contents
Introduction; General Principles of Persuasion; The Advocate's Craft; Private Law Applications under the Children Act 1989; Child Protection Litigation; Ancillary Relief; Appeals