The Gazette 1984

MARCH 1984

GAZETTE

Preparation of Briefs in Personal Injury Actions

I N every contentious matter that goes to Trial, the Solicitors acting for each party will have to prepare initially draft Briefs for Counsel to advise Proofs and subsequently a full Brief for Counsel to appear on behalf of their client at the hearing of the action. Proper preparation of the Brief is of considerable importance to the client as, if there are shortcomings in the Brief, Counsel may not be adequately or fully instructed as to the nature of his client's claim or defence, and material (and perhaps even vital) points may not be raised, with possibly disastrous results from the client's point of view. While no doubt views will differ as to what constitutes the "perfect" Brief, the purpose of this article is to indicate what it is felt the ordinary Brief in a running- down action should contain and the manner in which the same should be presented to Counsel. Briefs in different types of actions will differ in their essentials to no very great extent, different types of action, however, obviously involving differences in content. The ordinary Brief in a running -down action should contain copies of the following: (a) All of the pleadings (including letters and Notices seeking particulars and replies) in chronological order. (b) Statements of witnesses (including Abstract of the Garda report and any statements obtained by the Gardai and map prepared by them). (c) The Engineer's report (copy of his map and p h o t o g r a p hs o r d i n a r i ly would be mo re conveniently briefed separately). (d) Any other documentation relevant to the issue of liability. (e) Medical Reports including any correspondence with the Doctors/Surgeons in regard to the Plain- tiffs condition or the contents of their reports again in chronological order. (0 A list of the special damages (which should correspond with those pleaded) together with vouchers and/or other documentation establishing the same. (g) An Actuary's Report (where future loss of earnings is involved or in a fatal case). (h) Inter party Correspondence (only what is relevant should be briefed). (i) Any other documentation directed by Counsel in his Advice of Proofs. (j) Opinions of Counsel, Advice of Proofs and any correspondence with Counsel dealing with the issue in the case. It is suggested that the contents of the Brief be set out under the headings and in the order indicated above, each of the given headings occupying a separate section in the Brief, ideally with some form of divider between each section. The Brief should also contain formal instructions to Counsel which should be sufficiently detailed to enable

Counsel reading the same to have a clear general picture of the facts of the case, the issues between the parties and the nature and extent of the personal injuries and loss involved. The Solicitor should indicate in these instructions his view, on the information contained in the Brief, of the respective merits of his own client's and the other party's case, and the arguments to be advanced in support of (and in opposition to) those views based on the available evidence. The Solicitor should also comment, at least briefly, on Counsel's Advice of Proofs. Where compliance with those directions has for some reason or other been impossible, the Solicitor will no doubt have sought further directions and any additional or substituted Proofs should be dealt with also in the Instructions. Finally, the Brief may contain advices to Counsel in regard to the Consultation to be held prior to the hearing. The draft Brief prepared for Council to advise Proofs will contain most (if not all) of the content set out above and quite frequently preliminary instructions for Counsel, these to be elaborated upon following receipt of Counsel's Advice of proofs and compliance therewith. Before the completed Brief is sent to Counsel the same should be paginated and an Index prepared setting out the headings of each section of the Brief and, where necessary for Counsel's guidance under each heading, details of the contents thereof. The final Brief should be properly bound there appearing on the cover of the Brief the title of the action, the party for whom Counsel is to appear, the name of the Counsel for whom the Brief is intended, the names of the Counsel who are appearing with him in the action, a note of the fee on Brief (if agreed prior to the hearing), and, finally, the identity of the Solicitor by whom he is instructed. •

Issued by the Litigation Committee of the Law Society and prepared by David R. Pigot. Solicitor, Dublin.

Incorporated Law Society of Ireland

LUNCH FACILITIES BLACKHALL PLACE Members of the profession should note that lunch facilities are available in the Members' Lounge in Blackhall Place from I p.m. to 2.30 p.m. each day, Monday to Friday. Reservations for lunch should be made at least 24 hours in advance. A variety of lunch meals are available ranging from Soup & Rolls through Cold Buffet to a hot three course lunch.

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