The Gazette 1984

GAZETTE

MARCH 1984

Preparation of Briefs in Personal Injury Actions

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).

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.