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I got this from my friend who sent me the Sun Tzu quotation used in the last blog, “Zen and the Art of Law”. If we had a comment facility, I would post it as a comment. Anyhow, I share it with you…

“Yes very nice. Ancient text that can help in so many areas. Read the rest of this entry »

“It is said that if you know your enemies and know yourself, you will not be imperiled in a hundred battles; if you do not know your enemies but do know yourself, you will win one and lose one; if you do not know your enemies nor yourself, you will be imperiled in every single battle.” Sun Tsu, “The Art of War”.

A friend sent me this quotation, asking whether it applies to what I do. I think it does. Litigation has, after all, been described as a form of warfare. Let me add another well-known military-related quotation into the discussion, this time by Donald Rumsfeld, former US Secretary of Defense: Read the rest of this entry »

Quite often in civil litigation there is a direct conflict of evidence. Two different people say different things about the same event. When that happens I am often asked how a judge is going to “decide who is telling the truth”, or, as we lawyers like to put it, how the judge will resolve that conflict of evidence.

In civil proceedings the task of the judge is to decide the facts of the case on the balance of probabilities. That is, he must decide which is more likely to be the true position. Read the rest of this entry »

In this first blog post, I am going to look at a situation that I have already seen twice since joining Graeme Quar & Co on 4 January. I have had to advise from both sides. Read the rest of this entry »