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Strategy and tactics at inquiries and hearings

Strategy and tactics at inquiries and hearings. Morag Thomson Partner 12 September 2013. Morag Thomson Partner T: 0116 281 6932 E: morag.thomson@shakespeares.co.uk. Golden rules. PREPARATION PREPARATION PREPARATION. Strategy and tactics Begin at the beginning. Applicant

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Strategy and tactics at inquiries and hearings

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  1. Strategy and tactics at inquiries and hearings Morag Thomson Partner 12 September 2013

  2. Morag Thomson Partner T: 0116 281 6932 E: morag.thomson@shakespeares.co.uk

  3. Golden rules • PREPARATION • PREPARATION • PREPARATION

  4. Strategy and tacticsBegin at the beginning • Applicant • Local authority • Common

  5. Initial consideration • Defend/resolve • Proportionate response • Dramatis personae

  6. First impressions – The LPA • Welcome the Inspector • Coffee • Retiring room • Suitable venue • Acoustics • Water and heat

  7. A head start for the planner • Know your case • Pack your satchel the night before • Get up early • Look smart, play smart

  8. General approach and demeanour • Gauge the temperature • Respectful • Attentive • To the point • Documentation organised

  9. Hearings • Focus on Inspector’s points but • Know what have to succeed on • Listen to the other side

  10. Evidence in chief • Learn from others • Get comfortable, documents organised • Confident, not cocky • Read your summary slowly and audibly • Keeps your hands away from your face • Answer supplemental questions - once

  11. The scary bit![Cross examination] • Listen carefully • Be honest! • Answer question directly, then qualify • Be respectful, not argumentative, no matter how provoked

  12. The scary bit! • Don’t try and entertain! • If you do not understand the question, say so • If you do not know the answer, say so • Don’t look at advocate for inspiration or confirmation

  13. The scary bit! • If you do know the answer but don’t like it – give it up. • Don’t be rushed into an answer • Don’t be bullied, stop if interrupted and ask to be allowed to finish

  14. The scary bit! • Don’t be afraid – you should know more than they do. • Read the Inspector not the advocate

  15. The really scary bit[Re-examination] • Don’t relax • Listen - don’t assume what the question is • If need the question put a different way to be understood – ask • If it goes wrong, blame the advocate

  16. Third parties questions • Extra respect • Extra patience • Extra kindness • Only answer questions not statements

  17. Inspector’s questions • Beware • Can be less adversarial but • more probing • more pertinent • Indication of concerns/outstanding issues

  18. Conditions and s106 • Be prepared to go through them • Inspector will lead discussion • CIL compliant? Evidence • Remember logistics of S106

  19. More golden rules • Less is more – can always add but can’t subtract • Care – but don’t take it personally! • Be the best you can be! • You are not a miracle worker!

  20. Questions

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