Friday, April 1, 2011

THE CASE BEGINS

 By the time the case is called up before the Court-each party will have the others Bundle of  Documents.( If a party wants to  adduce additional documents, a  request must be made to the Court . This is fraught with some 'hiccups' as the Court may ask a reason for this late filing.The Court may allow/disallow. Further, the opposing Counsel may object to this. But the Industrial Court will  allow as it is not a Civil Court but a Court of Equity.

Litigation is like the picture here- only half is visible, the other half is unseen. Each party only sees the BOD's & SOC -but  the hidden side is - which way  does the EIC and the Cross Examinaition go? That is where the real battle lies. A strong EIC can present an air tight case which cannot be penetrated by the Defence.On the other hand a meticulous Cross Exmaination  can cause the Plaintiffs sworn witness statement to collapse. (This is done by exposing discrepancies between the SOC and the WS- which is usually not easily visible for the undiscerning). The problem is further compounded when there is a naturally gifted liar  sitting in the Witness dock.

Tips: Remember - what is seen only accounts for 50%- what is unseen will account for the remaining 50%.Do not try to "machine gun" your way through the trial- chances are you may shoot yourself.

PS. Is there a reason why  this Peguam is posing behind a Chinese newspaper?

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