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Strategy and tactics at inquiries and hearings

This guide by Morag Thomson provides expert insights on navigating inquiries and hearings, emphasizing preparation, demeanor, and effective communication strategies for success. Learn invaluable tips and golden rules to excel in the process.

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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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