TheBusker
Today I looked into another courtroom and spotted TheBusker.  He always seems particularly relaxed, almost to the point of seeming a little spaced on occasion. Today was no exception and this was exacerbated by the fact that he was against TheCreep. Never could there have been two such different styles. It was a building dispute and TheBusker was representing the dodgy building contractors. TheCreep had some particularly needy clients and this was exacerbated by his own stressed out manner. It started early on when TheCreep tried to have the argument out with TheBusker in the robing room.
âIâm going to be asking for your Defence to be struck out as it doesnât comply with the Practice Direction.â
âNo worries my friend, you can apply for what you like.â
âYes, but do you agree that it doesnât comply?â
âSorry [Creep]. Youâre acting as though you think I might care.â
âYes, but how are you going to answer it?â
âOh. Iâm sure Iâll think of something.â
The more stressed TheCreep became, the more laid back was TheBusker. He had no notes and came across very much as if heâd only just read the papers on the train there (well, I saw him do it). However, it was only when we got into court that I realised how he had prospered at the Bar for so long despite (or perhaps because) of his approach.
âYour Honour, the Defence fails to comply with the Practice Direction and should be struck out, plain and simple. Unfortunately, MâLearned Friend has not provided me with an answer to this pointâŚâ He then set it out in characteristic length for the next twenty minutes.
To which TheBusker simply got up and said, âYour Honour. Weâre not here today to argue pleading points. We know that, you know that and Iâm afraid to suggest that even MâLearned Friend might know that too.â Without even addressing the substance of the argument he sat down and smiled at TheCreep.
The Judge then spent the next half an hour addressing all of TheCreepâs arguments before concluding in almost exactly the same terms as the submissions of TheBusker.
The same applied during the hearing. TheCreep busily scribbling notes galore. Occasionally shaking his head or sighing to himself somewhat loudly. TheBusker on the other hand didnât make a single note. In fact he sat back in his chair with his hands behind his head for much of the hearing staring at each of the Claimantâs witnesses. Watching how they gave their evidence. Looking for a chink or foible in their character. Then heâd get up and ever so gently ask them questions which didnât even seem to be relevant but which resulted in each of them being tripped up in one form or another. As for his closing submissions, they were again brief.
âYour Honour. Itâs clear the building work wasnât perfect. Weâd be the first to admit to that. In fact weâd go so far as to express our regret in that respect. However, nor was it sufficiently imperfect to be classified as negligence. MâLearned Friend has, quite properly I may say, made a lot of points today but, with respect, it was nitpicking. Thankfully, Your Honour, we do not yet live in a world where nitpickers rule the roost nor where courts of law award them damages.â After which he sat down and TheCreepâs case was done for.
Despite the fact that heâs in the same Chambers, TheCreep went off in a sulk after the case and sat in a different train carriage on the way back.
I do like TheBusker.
January 4, 2017
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Tim Kevan ¡
15 Comments
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15 Responses
There seemed to be a lot of people at Law School like TheCreep when I did the BVC.
I do hope there are enough TheBuskers out there to put them in their place.
Too many Creeps out there and not enough Buskers.
Hope I turn out to be a Busker.
I love this guy.
I hope BabyB learns from TheBusker.
Baby B, even though this is “fictional”, with it coming up to OLPAS time any chance of some insight into the pupillage application process from chambers point of view?
Love the blog, it almost makes me glad I don’t have a pupillage yet – almost!
Keep up the good work!
This Blog is fantastic! I know a barrister just like TheBusker – he helped me get through law school. Cheers to all TheBuskers out there.
It is sometimes quite amusing to play TheCreeps at their own game-
Out-pedant the pedants
BB-
When you post here there is a protection to stop automated robots from posting comments here.
Was this a big problem before they introduced it?
I think there is a bit of TheBusker and a bit of TheCreep in us all.
I hope I turn out to be a Busker too!
He is SO the English John Cage đ
TheBusker is how I imagine OldRuin was in his younger days. Take note Baby Barista.
very wry. Pity the author forgot that in civil disputes you don’t get to see the other side’s witnesses give evidence – they make a written statement and then you cross examine them over it. Just as well it’s not based on fact.
Jonathan. You say that in civil cases you don’t get to hear the other side’s witnesses before cross-examination. My experience is that that tends to be the case in commercial cases but rarely in common law cases. They seem to spend half their time going through their own evidence even before they get to cross-examination. I wish it were not so but Baby Barista has got it right.
It all depends on the judge…
Some will instantly refuse any attempts at examination-in-chief and others will allow it to drift on indefinitely…
Usually, the higher the rank of the judge, the less time (or none) for XiC.
I hope I turn out to be TheBusker too.
Anyway, nice blog.