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When Instructing A Barrister Swings A Case

Posted: Thursday, 16 November 2023 @ 14:48

As a solicitor, one of the decisions I have to sometimes make on longstanding cases is whether and when I instruct a barrister to help on a case.

I sometimes do my own advocacy but generally on more complex cases I will instruct a barrister to do the Court work at a final hearing. 

There is an alternative scenario in which my firm will instruct a barrister and that can be partly instinctive and simply if I feel that the input of a third party can have a significant role in enhancing the client's position in the middle of case.

Recently I had a case which was going to a Directions hearing which would normally lay down the ground rules for a final hearing.

However my barrister was proactive and advised and drafted for us an Unless Order; effectively the other side had to do a series of steps or judgment would be made in my client's favour.

The judge backed the barrister's approach, the other side did not comply with the Unless order and judgment was given.

Thank you, Counsel!

Particularly as inheritance cases can be longstanding it can be useful to get additional support at sensible times.