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You can take notes, you can't take notes?

Re: You can take notes, you can't take notes?

Postby dls » Sat Jul 26, 2014 12:04 pm

It is entirely correct that if a person suffers a disability proper and reasonable adjustments need to be made. I think the OP _might_ have been better served if he had sat down with his lawyers in advance and been clear as to his disability and what he wanted to do and why. Things might have been done.
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Re: You can take notes, you can't take notes?

Postby Boo » Sat Jul 26, 2014 1:29 pm

God - "I have made Mankind!"
Angels - "You screwed up a perfectly good monkey is what you did. Look at it. It's got anxiety!"
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Re: You can take notes, you can't take notes?

Postby Slartibartfast » Sat Jul 26, 2014 4:20 pm

Good find, Boo.

I wonder how much of that guidance was in circulation at the time of Russell's trial. Assuming that some of it had been published at that time, it is unfortunate that nobody involved in the case appears to have raised the point.
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Re: You can take notes, you can't take notes?

Postby miner » Sat Jul 26, 2014 10:36 pm

atticus wrote:The OP has told a lot more since I last posted. However -

1. I struggle to understand how a trial can get through Day 1, to the end of Day 1, if the Claimant's barrister had not done any preparation.



I don't. All it takes is the combination of a crap barrister combined with a crap judge. Both of those creature types exist. Statistically, they would sometimes be together in the same Courtroom.

From the content of the the superb link which Boo kindly posted it seems that the OP was inadequately served by both the Court and his barrister. If the barrister had been even remotely competent, he/she would have taken Russell's issues up in Court and acted stridently against what seems to be the appalling conduct of the Judge.

The Judge was probably a crap lawyer in his previous life of minimal accountability and when appointed a Judge his/her fundamental character traits were unlikely to change.

The more I see of this thread the stronger my impression becomes that neither the barrister nor the Judge were fit for purpose.
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Re: You can take notes, you can't take notes?

Postby Slartibartfast » Sun Jul 27, 2014 12:10 am

miner wrote:The more I see of this thread the stronger my impression becomes that neither the barrister nor the Judge were fit for purpose.


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Re: You can take notes, you can't take notes?

Postby dls » Sun Jul 27, 2014 6:46 am

It was indeed a good find. What it says is correct - but it must be noted that at no point does that guidance suggest the sorts of assistance sought by the OP.

It may also remind us that having dyslexia is not enough - it must be of sufficient severity. Many dyslexics have problems in different situations without their condition amounting to a disability at law.

A technique of coping with a person's dyslexia may indeed be to use note taking. That does not translate into a right or even proper expectation that that method of coping will be available in court.

As I have said, such a litigant should / must have appropriate arrangements for assistance. These need to be planned for in advance. Unfortunately the world of litigation can be frugal with such matters. They cost, and people are rarely ready to match requirements for additional assistance with the money to pay for it.
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Re: You can take notes, you can't take notes?

Postby miner » Sun Jul 27, 2014 3:15 pm

dls wrote: Unfortunately the world of litigation can be frugal with such matters.


...Which does not justify the judge behaving like an asshole, ... or the barrister doing likewise.

They cost, and people are rarely ready to match requirements for additional assistance with the money to pay for it.


So, you admit that access to proper justice is down to the individual's ability to pay for it? Something seriously wrong there, isn't there? A truly f***ed-up system of justice if ever there was one, commensurate with that of some despotic third-world banana republic. The once-proud and -revered UK justice system becomes ever more of a laughing stock in the eyes of much of the civilized world.
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Re: You can take notes, you can't take notes?

Postby atticus » Sun Jul 27, 2014 3:27 pm

How dis the judge behave? How did the barrister behave?

Frankly, the OP hasn't given an idea.

There is nothing to justify the insults of Victor Meldrew manqué.
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Re: You can take notes, you can't take notes?

Postby Slartibartfast » Sun Jul 27, 2014 5:32 pm

miner wrote:The once-proud and -revered UK justice system becomes ever more of a laughing stock in the eyes of much of the civilized world.


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Re: You can take notes, you can't take notes?

Postby miner » Sun Jul 27, 2014 11:14 pm

atticus wrote:How dis the judge behave? How did the barrister behave?

Frankly, the OP hasn't given an idea.


Well, in that case you haven't read what has been said by the OP!
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