Day 1 overview : Drafting proofs of evidence

The rules and procedures governing highway and planning inquiries will be discussed including the importance of the preparation of environmental statements. The role of the expert witness and counsel will also be explained.

The proofs of evidence prepared for the inquiry need to demonstrate objectivity, fairness and clarity. The quality of the proofs of evidence will have a major influence on the expert evidence to be given in the inquiry. Cross-examination will be based upon them so it is important to prepare a professional proof which accurately analyses the issues including those in dispute, using language suitable for the inquiry.

As a value added part of the course we provide an in-depth analysis of one or two proofs of evidence which your teams can use as a bench mark for future proof writing.


Day 2 overview : Giving expert evidence

Preparation of proofs of evidence continued from day one, the objective is to help experts prepare their evidence as competent professionals who inspire confidence in the inspector and impart real credibility to their evidence.

The Mock Inquiry

Giving expert evidence in planning inquiries requires a high degree of skill on the part of the expert witness. The personal skills session is designed to explore the human interaction and techniques required for giving evidence and dealing with cross examination.

During each session, two barristers and a personal skills trainer will work with the delegates to develop their expert witness performances. The training will seek to enhance each delegate's strengths, and mitigate any weaknesses.

Day 1 objectives : Drafting proofs of evidence

• understand the legal process and the administrative support behind public inquiries and the role of the proof of evidence
• identify the material that is required to present a clear case in the proof of evidence
• understand the factors which make written communication effective
• recognise and be able to avoid the common pitfalls in proof writing
• prepare a professional proof that accurately analyses the issues in dispute using language suitable for the inquiry
• show how apparently common sense assumptions and statements can be challenged as invalid and unsubstantiated
• examine communication between the various players in the inquiry process


Day 2 objectives : Giving expert evidence

• review the proofs of evidence and comment on the structure and language used within the proofs
• understand the legal process and giving expert evidence in public inquiries
• illustrate through practical sessions how to give evidence-in-chief and to deal effectively with searching cross-examination, challenges to credibility and attacks upon the expert evidence
• recognise the common pitfalls in giving oral evidence and to improve performance by giving concise structured answers in cross-examination
• enhance the participant's ability to think on his/her feet and to deal appropriately with the unexpected question or a sudden turn of events in cross-examination
• emphasise the importance of preparation for giving evidence, body language and non-verbal communication

Day 1 programme : Drafting proofs of evidence

• Counsel's tutorials (interactive)
- role and duties of counsel and the expert
- rules and procedure for planning inquiries
- rules and procedures for highways inquiries
- the role of the environmental statement

• Presentation of mock inquiry schedule and discussion of roles

• Drafting proofs of evidence
- understanding factors that make written communication
effective
- the core skills in drafting proofs
- accuracy, objectivity and clarity
- drafting strategy and exercises
- ordering the evidence
- analysis and selection of data
- supporting documentation
- cross-referencing / chronology

Day 2 programme : Giving expert evidence

• Review of proofs of evidence

• Personal skills for giving expert evidence

• Conducting and giving evidence in public inquiries
- dealing with objectors
- counsel and team work
- preparation of rebutals
- the nature and layout of the inquiry
- giving evidence : evidence-in-chief, cross-examination,
re-examination

• Mock inquiry
- experts for the parties give evidence and are
cross-examined. Proceddings are videod and the
delegate performance examined

Day 1 overview : Writing statements

Day 1 deals with the framework of regulation for informal hearings, including the content and the timeframes for nthe submission of evidence. Itdeals with recent case law concerning the informal hearings procedure. The drafting of the submission statement, including it's structure and presentation will then be explored in detail. Practical drafting exercises and feedback will prepare delegates for the day 2 informal hearing simulation.


Day 2 overview : Presenting evidence

Day 2 deals with prsenting evidence at informal hearings, including all the preparation and communication skills vital to presenting clear, concise and persuasive evidence. A planning barrister will advise on how to best to present evidence when answering the inspector's questions, suggesting a range of strategies to deal with the different styles that inspectors have. Preparation strategies will be discussed as well as communication techniques to use to deliver key-points at the hearing. Each delegate will have the opportunity to take part in an informal hearing simulation.

Day 1 programme : Writing statements

• Informal hearings procedure regulations
• Inspector's role and duties
• Case law
• Drafting the hearing statement
• Structure of the evidence
• Expressing opinions
• Drafting exercises and feedback

Day 2 programme : Presenting evidence

• Presenting clear, concise and persuasive evidence
• Relationship between the inspector and the witnesses
• Preparing the case
• Understanding different communication styles
• Answering difficult questions
• Informal hearings simulation and feedback

Objectives : Surviving the LDF Examination stage

A comprehensive course to offer professionals a variety of skills for preparing for producing material for presenting and delivering Development Plan Documents through the Examination stages of the Local Development Framework.

The first part of the day 1 will introduce delegates to the process of an Examination, the role of the inspector or panel and the basic principles of preparing a convincing statement of evidence. The afternoon will concentrate on delegates re-writing their pre-pared statement accordingly. The first part of the second day will show specific skills in presentation can improve the likelihood of success and the afternoon will be dedicated to a real-time role-play of an Examination.


Pre-course preparation

Delegates are asked to choose one from the 'questions' that the Inspector wishes to ahve answered through written statements and wishes to test at the Examination. It is advised that delegates choose a subject that is closest to their knowledge and experience.

The questions have been prepared to offer an opportunity to draw upon real information. If delegates wish to use source material that is unlikely to be available to the facilitators it is advised that appropriate extracts are included in the pre-course submission.

Day 1 programme

• The Inspector's perspective
- how the Examination works in practice
- what the Inspector is looking for to test soundness
- how to put a case together
- procedures
- strengths and weaknesses in statements of evidence
- what to include and exclude from your case
- receiving objectors statements and analysing
the objections

• What to do if a soundness issue arises
- understand the factors that make written
communication effective
- the core skills in preparing the case and drafting
statements
- relevance, accuracy, objectivity, clarity
- drafting strategy
- ordering the evidence to ensure that vital evidence
is covered
- analysis and selection of data
- supporting documentation
- dealing with supporting documentation in
the Examination
- cross-referencing / chronology

Day 2 programme

• Statements of evidence - feedback session

• Providing evidence in an Examination in Public
- analysing a particular pre-arranged issue, how it may
develop during the Examination and how to respond
- questioning, how it works and how to prepare for it
- discussion of issues and preparation for
cross-questioning and debate

• Personal skills for experts
- a workshop in which delegates experience personal
presentation
- techniques and advocacy skills

• A simulation of an Examination (recorded on DVD)
- a workshop in which experts for the parties are asked
to respond to the Inspector's questions, give
evidence and are cross-questioned
- delegates experience the testing of evidence by
the Inspector

• Review and critique of performances

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