Court of Appeal - Part 2

Today was better than yesterday. Our QC seemed to get his footing in responding to the other side's reply. I think we're going to win on two minor points, but unfortunately, it looks bleak for the main point. I think our client is going to lose on that. But nevermind, we never expected to win. And at least with this attitude, if we do win, it will be amazing!

Now it's back to the normal deskjob for the next few weeks until my parents and Spencer come for Thanksgiving. I can't wait (17 days to go). I think I will be very busy doing a supplemental disclosure list, a witness statement, trying to settle a few matters, attending a Case Management Conference.... etc. etc. My life is so exciting, isn't it :-P

Court of Appeal

I have been in the Court of Appeal today and I am exhausted. I wasn't even the one making the arguments, but I am still completely drained. I don't think it was going too well either - we just seemed to go round in circles with our arguments.

But it was so exciting to be there! The barristers and judges wore their wigs and robes - which they don't normally do in the High Court anymore. You have to go that step up to the Court of Appeal I guess. This is why I became a lawyer - to have all these complex arguments about the law and really be influencing how the law is interpreted. Really neat.

It was a bit embaressing because all last week I had been preparing supplemental bundles for the judges as the barristers came up with new authorities they wanted to use. I lodged all the new authorities at Court last week, within the relevant deadlines. And did they have the bundles all ready to refer to today? Of course not - apparently their clerks never gave them the new authorities. So there was some scrambling around in trying to get 3 copies of everything for the judges.... I tell you - can't get the staff these days!

We're in for another day of it tomorrow. Will let you know how it goes.

Seagulls

Today is gray day. I am sitting up in our spare bedroom (the cat's room), catching up on everyone's blogs. The kitties are asleep in their beds. All the sudden about 50 seagulls started flying around the garden outside the window. Tipsy perked right up and started making that bird noise.

Does anyone know what I mean? You know that noise that cats make when they see a bird? Kinda like a chirping noise. Anyway - she likes watching the birds, but seagulls are just as big as her so I hope she doesn't go out there and start chasing them.....

We live about 20 miles from the mouth of the Thames Estuary/English channel. We don't get a lot of seagulls where we live, but I think they come inland if there is rough water. It is kinda windy today, so I guess we're in for a storm tonight.

What a perfect fall weekend!

Bad weekend for England

Well it's been a bad weekend in the history of English sport.... first the brave efforts of England's rugby team just not make it in the Rugby World Cup final with South Africa.... and then Lewis Hamilton's dire performance in Brazil at the F1 World Championships.

But it was so English. They always get their hopes up, without trying to show it. Everyone was so surprised that England even made it to the World Cup final... everyone said that South Africa was going to win (heaven forbid the English actually show some confidence in themselves). And then when South Africa won... oh... the disappointment. But nevermind. We still applaud their "bravery" and "hard work".

If this was the US, we would have been shouting them on all the way - never doubting that they would win. Maybe that little bit of confidence is what those rugby players needed - not just bravery and a stiff upper lip - but actually the "we are the best in the world and no one is going to beat us" attitude that we grow up with in the US.

In any case, it would have been more interesting to watch.

Mini-love

I am in love with a car. We bought this car on ebay last week after test driving it and Justin (who knows a bit about cars) giving it the all clear. It is a 1994 Mini Mayfair and seriously, it is the coolest car in the world.

It is very zippy and loves to go around corners. It can fit into any small space that these English roads may throw at me and best of all it is an automatic!

Now, I am still planning on getting my licence in a manual car (cuz if I don't then I will be restricted to only driving automatics and I would have to do the test all over again to get a manual licence). But there is a silver lining to know that once I have that little card - I have freedom to drive my beautiful mini to my heart's content.

I have never had a car before that just the thought of makes me walk around with a big smile because I am having so much fun.

It doesn't have power steering or brakes - so you really feel like you are in control and operating a machine. But it does have a tape deck that I can use my adaptor for my ipod - the speakers are great - so I am all set!

It loves doing 50, is comfortable doing 60 and can get up to 70 (but you feel it). But it will get me to the gym/grocery store/mall no problem (and is especially fun driving down the country lanes on a sunny day).

I know you guys are all so jealous!

Professional Skills Course

This week I have been on a training course that I have to complete before I can qualify as a solicitor. Mon-Wed I had training on advocacy. I had to prepare an interim application for an injunction in about an hour on Monday and then present it in front of the group and the tutor. The tutor was acting like a real judge would and interrupting to ask questions. It was pretty intense.

Then on Tuesday, we had to practice examinations-in-chief and cross-examinations. If you are doing "eics" you are not allowed to use leading questions (because it is your witness and it would look like you are the one giving the evidence as opposed to them). Let me tell you it is very difficult to only use open questions! And we were divided into two teams (prosecution and defence) and the other side were very quick to yell "Objection!" if you asked a leading question of your witness. It was pretty fun though.

Then Wed, we had to put it all together and we had a mock civil trial. My team was for the defence (the whole thing was about a case in nuisance against my client who was a farmer. His new neighbour was complaining about him using tractors and spreading muck on his fields.... really - the nerve.... on a farm!) So we were trying to prove that he was not causing a nuisance and that the claimant was just being over-sensitive and unreasonable (she did live in the country after all). Again, I had a major cross-examination of the claimant that lasted for like 30 minutes, which was actually quite fun because in CE you can ask as many leading questions as you want to try to make the witness look silly or to discredit their evidence. In the end, our team lost because it turned out our client was being a bit malicious and trying to annoy the claimant. But the claimant didn't get everything she was asking for (so I guess we won that bit).

Anyway, it was so much fun having a mock trial, even though I probably will never actually question a witness in court in real life.

At the end of this month, I have a real hearing at the Court of Appeal on a case that I have been working on since April. We first had a hearing in June at the High Court, and our client lost (starting to see a pattern). But they have now won the right to appeal and the appeal judge said it was a matter of importance because there is no law decided on this point yet. So the hearing has been expedited and is being heard by the Master of the Rolls (one of the most importance judges in the country). Very exciting stuff!