Day 1: The workshop will first address Inquiry rules and procedure and will show their practical application and importance to the production of evidence, before exploring the key skills in giving effective evidence in Examination-in-Chief, Cross-Examination, Re-Examination, Inspector’s Questions and questions from unrepresented parties. Then we will explore the approach of barristers to the cross-examination of expert witnesses.
In the Inquiry Simulation, each participant will give evidence expert evidence on a short proof each has prepared in response to a housing development case study. A planning barrister will conduct the cross-examination of witnesses and this will be followed with discussion and analysis of both the witness’ performance and the strategy of the cross-examiner. (The Inquiry Simulation will be videoed to enable detailed analysis on Day 2)
- Inquiry rules and procedure.
- Roles and responsibilities of experts in the appeals process.
- Effective preparation for the Inquiry.
- Techniques for the oral presentation of evidence:
- Inquiry Simulation: Giving Evidence Workshop (videoed).
- Participants give oral evidence and face cross-examination and re-examination from planning barristers.
- Feedback and analysis of individual performances.
- Identifying participants’ development goals.
Day 2: Detailed analysis of both the witness’ performance and the relationship between the written evidence and the cross-examination is essential to developing new evidential skills (both written and oral). We will spend the morning playing back the videos to identify techniques and skills that were effective and to suggest alternative approaches to issues. Participants will identify their personal strengths as a witness and will choose one area in which to strengthen their performance.
Participants will then give evidence for a second time in a videoed ‘quick-fire’ cross examination exercise, enabling participants to practise specific techniques that will improve their performance. The workshop will end with a summary of learning and participant goal-setting for developing skills further.
- Video review and analysis of participants’ oral evidence
- Understand the relationship between the written evidence and the cross-examination that arose from it
- Identify effective evidential technique
- Introduce new skills and techniques to develop witness’ performance
- ‘Quick-fire’ cross-examination exercise
- Feedback and analysis of individual performances
- Participants’ development goal setting
- Summary of learning