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172: Advocacy in the Appellate Courts with Philip Havers KC

Law Pod UK

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Do Your Homework on Your Judges?

It's not difficult to work out whether they're with you or against you from the tone of the question, then indeed the nature of the questions. Sometimes you can read them from their body language. A submission is going down extremely badly. Some of them can't restrain themselves from making it pretty obvious what they think of it without needing to ask a question. But as I say, there may be hearings in the Court of Appeal where one of the judges has no previous experience in that area of law at all. So he or she may just keep quiet. And you'll probably find when the judgments are handed down that he or she has simply said 'I agree' and nothing more than that

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