Barrister's Guide to WINNING

[@martyndawson7484]

Reminds me of a recent report about someone suing an air line over his lost luggage. Apparently, he lost his case. Bah Dumm Tisshhh.

[@joelhall5124]

Added to my dad joke list. Thank you!

[@Phantom-mk4kp]

And never say to the judge "No you shut up and listen to me" as I witnessed from a young woman while doing jury service

[@BlackBeltBarrister]

😂not good

[@somalilandrecognition5413]

Well judges do talk utter nonsense at times don't suppose they do if they are dealing with a represented litigant, they just save that for opportunities where they can get away with it. Life and times of a litigant in person.😉😮

[@shellzyotube9549]

@@BlackBeltBarrister True. A Judge can only use what legislators have set within the law anyway. Besides, you say you give free advice BBB, could you at all take the time to reply to my comment, it was direct to yourself. Many thanks.

[@paulgibbons2320]

How many judgements are vindictive ones by a disgruntled judge. Is it right to require Joe public to have respectful court discipline. Everyone else in the room is taught it. It's harder than you might think to hold your tongue when faced with false accusations.

[@paulgibbons2320]

I had my own moment when a CAFCAS idiot was speaking. I pointed out that he had not even done his job he had not been to my residence to see if it's suitable to have the kids. All facts. He had not done what he was supposed to do. I'd literally only spoke to him on one phone call and one half arsed interview. There are staff at Costa coffee who know more about me. An they called him an expert witness 😂 He started completely fabricating some ridiculous story. I could believe it. I just said 'He's literally blagging it now' Which he 100% was. Judge started banging his hammer going red in the face. Don't think it effected the case. I'm 100% sure it was already predetermined.

[@S.Trades]

I was told (along the same lines), wait till the next day to post a letter. Dont write it and send it. Sleep on it. Very wise words, Dan!

[@mytwopennorth7216]

TV licensing are always making threats of sending someone round in their frequent letters. Should I take that as a threat to my wellbeing?

[@Kingcarparpeggio]

You’re trying to get free legal advice……don’t be silly.

[@andymeadows2768]

If it’s from tv licence just ignore it they have no power & they have to have proof you watch so don’t talk to them & then they is no proof fact

[@shellzyotube9549]

Learn to just ignore especially with these people, they are deceitful they tried telling old age pensioners that the Government backs them and endorses them, the Government has done no such thing. I wouldn't trust any of them. Don't listen and don't speak to them.

[@rosielee938]

I was a witness to incident, I was called to court to testify against the perpetrators?! I wish id kept my eyes closed. I was treated appallingly I felt like the criminal so I let the Judge & the barristers have it double barrels!! Disgraceful behaviour 🤬🤬

[@MikeWalls7829]

Haha so many times at work I've been sent an email that enrages me, then I pace around venting off about how stupid and ridiculous the contents of the message are and wanting to punch the sender in the face! But after many years I have learned to give it a good 10 mins or so, go for a break until the red mist settles, then and only then can I formulate a professional response, still including my grievances but in a way that only states facts and conveys no emotion. A good lesson to learn.

[@normalwisdom4048]

*Never ask a question you don't already know the answer to*

[@davekennedy6315]

Always ask for a solicitor whenever you get arrested and NEVER talk to the police before the solicitor is there. Plus go `no comment` if you are even remotely close to guilty. If you talk to the police then your words WILL be used against you to stitch you up, guilty or innocent. The police don`t give a single solitary £$%& about you, they just want arrests to look good for their boss. Police are often put under major pressure to get a conviction and we`ve seen plenty of times over the years when innocents have lost years or even decades of their lives due to a police stitch up due to innocently talking to police. These people knew they were innocent and therefore thought there was nothing wrong in helping police (police will often frame the conversation as helping them clear your name or assisting inquiries that have nothing to do with you, its bollocks. NEVER talk to them without legal representation!)

[@user.--.]

One such recent case of the guy who spent 17 years in prison, of a grape he never committed and maintained as such for 17 years until his release last year. Police and CPS had no physical evidence of his wrong doing and knew he was nowhere near at the time of the attack. There was no DNA evidence linking him to the crime at the time of his trial. The prosecution case against him was based solely on identification evidence which was wrong. He was sentenced to 7 years and spent a further 10 behind bars for maintaining his innocence. All through that time the police and CPS wanted him to admit guilt of a crime he never committed. That's how much neither care about justice.

[@gazjonze]

It may harm your defence if you fail to mention something you later rely on in court…

[@A2Z1Two3]

@@gazjonze You can mention it (in the presence of a solicitor)

[@johnniethepom7545]

I would suggest that you engage a solicitor from out of the area of where you have been arrested . Too many times the duty solicitor is on friendly terms with local police ie , playing golf or football , rugby together . A solicitor who is a stranger to them unsettles them . Pay at your own cost ( whatever it costs) for their representation at the police station . You can always change solicitor's if the case proceeds to prosecution . However a good solicitor with get you bail or released without charge if there's none or little evidence .

[@shambhangal438]

Plus if you believe you are likely to be arrested, state that you are happy to attend interview under caution with a solicitor present as long as the officer can confirm you will be arrested if you don't attend. That makes it much easier to claim wrongful arrest later, and may stop you getting arrested at all for the most common reason; 'to be questioned'. Reason; you have offered to appear at the station, but because of the 'arrested if you don't attend' it is not NOT voluntary. If you record your interaction prior to arrest with your phone (recommended) , give it to someone else who is not likely to be arrested. Reason: the police cannot take the phone from someone who is not under arrest and neither can they search them, which stops evidence magically disappearing. Ask to speak to the solicitor in private before interview - you may not get the time if you don't specifically ask, which lowers your defence preparation time to zero. Reason: new options can occur depending on that discussion. For example, you can remain silent during questioning, and answer via a written statement once you know their questions (a tactic that is always available but the police hate it as they can't put words in your mouth and you get to ignore leading questions). If you are advised to go with an oral interview, always pause 3 seconds before answering any question. Reason: allows the solicitor ample time to stop you from answering leading or incriminating answers. If you want to say something to stop the police asking the same question in different ways over and over again, 'I cannot possibly answer that until I see your evidence' is a good stock response.

[@Fishbait075]

Tip for the Never send a letter/email without walking away and reviewing it with fresh eyes... Leave the name and address / Email address out of the letter until the LAST second. It helps to stop (in the case of email) an accidental draft or non-proof read document by accident due to an accidental keystroke (For example, you hit control+s thinking "save" but the email client might be the focus window, and control+s might be "send".

[@01cthompson]

I do this too

[@mandym2808]

I always told teams at work, aside from what you have already said, dont write something you would not want to read on the front page of the newspapers

[@gcmarcal]

Good tips! I would also add to never underestimate how some solicitors/Lawyers are scumbags and the court goes along with it. In my case, the other party did not send the documents in the stipulated timeframe to the court. Sent me the court bundle at 16:17 Hours for a hearing booked for the next day at 10:00 AM. On top of that, they changed the position statement on the date of the hearing at 10:02 am! Good thing I was prepared and still destroyed the Barrister besides the fact that I represented myself!

[@Farweasel]

Sadly that has a ring of truth which resonates with my own experience But I can't give exact detail because, as Dan warns in the video, Ididn't make a contemporaneous record on which point As record dates can be forged you can side step assertio your record is false by having written, cooled & checked it, email it to your backup account to date mark it.

[@douglastodd1947]

@gcmarcal All Judicial persons are Members of the Private Bar Guild , look up CANON 3228 the 12 Presumptions of Law.. Turns out they operate under Roman Law.

[@01cthompson]

Good points. An attorney for the company I used to work for had a rule that we should not paint ourselves into a corner, and always leave an out. For instance, you would never tell a customer "You didn't pay me". Instead, we should say "I can find no record of receiving your payment. I would like you to remit it now, or provide proof that it was indeed sent".

[@AsakuraYukiko]

If arrested I'll just cry. Can't incriminate yourself while crying...not how I do it.

[@edennis8578]

Good advice!

[@the_once-and-future_king.]

Dan, I'd love to hear your thoughts on a lady with Down's who was interrogated _(sans_ advocate) and prosecuted by Capita for not having a TV licence, despite her having mental issues to such an extent she cannot manage her own finances. ChilliJonCarne has a video up about it.

[@InterruptedByFireW]

Dead topic.

[@Kingcarparpeggio]

@@InterruptedByFireW : And you’re a deadbeat !!!!

[@Jono793]

I'd like to hear that too. According to the reporting of the Evening Standard, the woman's finances were under the control of the LA. And the direct debit had been cancelled without explanation. If that's all you need to convict someone, that's highly concerning! Thankfully the court gave a conditional discharge.

[@davidbeakhust9797]

Something I find useful in drafting a letter is to ask Windows (or whatever) to read it aloud. This can reveal spelling mistakes, repetitive use of particular words, and how badly a letter can come across. In particular, complex sentences sound strange and hearing this will prompt you to simplify. Emphasis that was in your head when you write is removed or changed. As a barrister, you will doubtless write clear letters, but most of us don't have that advantage. I use this text-to-speech tip if I am writing to my MP to question some dodgy policies, and some change is prompted in about 1 case in 3, for me. Something else I have done is for when i want to describe something technical to a non-technical "service department". I ask a friend who does not have any technical knowhow,

[@anjou6497]

Sounds excellent.

[@amcluesent]

ChatGPT can also get you started on letters, but it can 'hallucinate' too...

[@adenwellsmith6908]

Chat GPT is also quite a useful tool. It's very polite for starters. You can feed it lots of things to summarise things. You do have to check its correct. Post your text, ask it to improve it etc. But you do need to check that its still what you want. Ask it to argue against your case. etc. It's that cardboard programmer with some intelligence.

[@michaelproctor5312]

This sounds like a good idea, people think dyslexia is just poor spelling but it's much more complex than that , it's how you write /talk and how the brain processes thing's.

[@somalilandrecognition5413]

​@@michaelproctor5312I am afraid that I makes these mistakes frequently and often do not check, when I do check I often see clear mistakes. It really is a worthwhile discipline. 100% agree and value those reminders in this video - thanks @BBB

[@pamvarnsverry2444]

No6 - during a directions hearing I was instructed to remove any "without prejudice" correspondence from the court file - I complied however on the full hearing day the Judge demanded it be produced for him to read ...... result

[@Number6_]

Record conversations if you believe they may be needed later. Criminal courts may have rules on this, but if you can show it happened you are still better off. It may be off the record, but it is on the tape.

[@amcluesent]

Never retain a barrister who works for the Mob

[@andrewgilbertson5356]

Thank you BBB

[@fluffyfour]

This holds good through any difficult life situation. I keep in mind something my mother said. She wasn't a good mother, but this is VERY good advice to follow, to which many of your points are central - Always keep your dignity

[@Farweasel]

I have a special cupboard for mine so I can take it out and dust it if I need it 😋 I usually look about as smart as Dominic Cummings after a night slept in a doorway .... *Its so handy when it helps to have folk massively underestimate you*

[@daftirishmarej1827]

Aka Common Sense (which sadly isn't 'Common') and Good Manners. Thanks for specific legal examples 😊

[@Mark-yk1ny]

A most informative video thanks Daniel 👍

[@blackthai5023]

sound advice thanks

[@Dung_Beetle1617]

Most of these are really sound advice for life in general / at the workplace. A younger self often fell foul of hitting send on an email that was written when angry etc, it NEVER reads or comes across well no matter how good it may feel in the moment! 😂

[@benhamilton5692]

My Legal Adviser said say nothing and upon seeing all evidence he will decide what I should say or not.

[@a.c.4732]

Very good advice indeed . My learned friend presents a very strong case ! In a world where it is the easiest thing to let rip "a real humdinger" in a nano-second , Patience really can be a virtue . Note : Yes , my message was , indeed , edited . 😉

[@JimGriffOne]

Really great tips Daniel. Thanks so much for sharing.

[@ElliottRodgers]

Great advice

[@-hellsgate-]

Agreed, whenever I come across an issue, I take the following approach: "I know this isn't your fault, but the issue is x, y & z. I know you are limited to working within your internal procedures - could you please explain what you are actually able to do? If this issue needs actions outside of your normal procedures, could you please raise this to a manager? Thank you very much for your kind assistance". Most of the time, I find this resolves things ammicably.

[@Farweasel]

Very wise - ALWAYS make sure the person you're talking to understand that - AT THIS STAGE - your problem which will be escalated is with the company not them (yet - unless the muck you about)

[@msp5616]

No 8 is almost impossible when installing software like a game. They will often take longer to read than the game takes to complete. Also, understanding what half the contract means is often confusing if you do continue the umpteenth scroll down. Very good free advice all in all, though. Thank you

[@djburland]

Excellent advice

[@pnyarrow]

Thanks for that great set of advice.

[@PaulHiggins-p1y]

Always be courteous

[@maureenblane-brown9917]

Love your channel … lawyer in Australia (Dual UK citizen from Scotland)

[@paulsaintclair9761]

Very very useful information .... 10 out of 10 .... :) actually on the nose ..... I agree ....

[@jennyhunter9346]

Thank-you !

[@PeterBowles316]

Dance like nobody's watching, email like it's being read out in court

[@scorpionking7454]

Very interesting advice and taken the emotional side out of situations- but never talk to police period , this is outstanding channel

[@stu.k.5875]

Fantastic video. More please.

[@eastcoastuk1120]

What Courts should never do is let 2 barristers argue a load of crap because they do not understand the arguments needed in a case. I was ruined because 2 barristers representing myself and my o[pnenet did not understand the rules of land registry they pretended to understand . they cost me 1 MILLION POUNDS and left me £450.000 in debt to banks and building societies. Thank you MR DENEHAN and MR STANCOMBE. thany you so much..

[@jamespurchase4035]

And never run with scissors, obvs!

[@roadgent7921]

No 7 and 8: if you purchase something over the telephone with a credit card and the seller does not make the TCs clear or available, what is the legal situation?

[@anjou6497]

Terrific, thank you BBB. What about the legality issues about recording a conversation if you are afraid or suspicious of a person you know. Happy New Year ! 🎉🐾

[@somalilandrecognition5413]

Record, go ahead. If you are acting as an individual and not profiting from the recording. After all, recording is just a more accurate way of note taking. The difficulty lies when notes are made of a conversation, but the notes don't accurately record the material facts. I have had this with OVO, their notes are minimal and the substance often missed; which when there is a dispute one has to ask them to listen to the recording not just read the notes - but by that time, you've already spent ages trying to solve the problem...

[@peterkilvert2712]

Very helpful. I've made some notes about what you have advised. Many thanks.

[@alanbest5879]

Hmmm, thanks for your videos. However, that finger snap at the end (16:50) sure felt like Derren Brown's "I have the winning ticket!" ^^

[@johnshaw8013]

Can you please produce a video detailing how to deal with the Child Maintenance Service? Their claims against me are spurious and inaccurate, and they are threatening me with legal action in order for them to profit, and not for the benefit of my children.

[@rebeccaa2097]

Thanks bbb

[@maryharris9841]

Great informative video!! Happy New Year

[@robertbrown1778]

Regarding agreeing to T&G's of a sale from a website: if, for example, they state that the customer has to pay for the return of faulty goods, and this was agreed to at purchase, would that now apply even though the relevant consumer protection legislation says otherwise?

[@50somethinglawyer]

The making of threats one is quite an interesting one as sometimes the lawyers can also get it wrong. Just because you (or indeed your client) may have the right to take a particular course of action, it doesn't necessarily mean that you (or your client) has the right to threaten that course of action in order to induce an opposing party to comply with your demands. Ferster v Ferster & Ors [2016] EWCA Civ 717 (12 July 2016) - uncomfortable reading for the appellants' solicitors.

[@Deepthought-42]

How do you reasonably agree to the Ts &Cs of software licences? Sometimes they are hundreds of pages long. Is it reasonable or can they be considered unfair contract terms if they cannot be seen over a few pages? What happens if have bought the software (or for example a car or phone with software in it and the software changes?

[@MrRockstar1968]

I prove in court that the defendant barrister provided misleading information on two accounts which the barrister apologised claiming this was not intentional and also proved many other factors in my case which the judge agreed with, yet the judge still concluded in the favour of the defendant. The system is corrupt.

[@itsonlyme9938]

When I have a "close pass" when out cycling I have 24hours to make a statement on line so its not possible to sit back and review my statement 3 days later but I do keep a copy of the online statement form. and a copy of the video evidence. I have never been asked to appear in court.

[@somalilandrecognition5413]

Someone I know did win his case wrt a vehicle driver's conduct irt a cyclist. They make it a policy of reporting such conduct to the police

[@martinjones9152]

Thank for all your entertaining and good advice. Have ever done a Video on lasting power of attorney. How do they work are they worth while.having Thank you Martin

[@annoyingbstard9407]

You forgot never wave your knob at the lady magistrate. Better just to pay the speeding fine.

[@Mercurio-Morat-Goes-Bughunting]

Never enter into an agreement with anyone who is unwilling to vary some of the terms under negotiation (i.e. an ultimatum, not an agreement) unless you know the ultimatum is illegal and not binding.

[@Farweasel]

Would you be bound by T&C which are contrary to statutory provisions, eg, who should pay for return of faulty goods? Even IF you clicked 'I accept the 17 metre long list of T&C in which is burried a clause which says you would pay'?

[@shellzyotube9549]

Sorry BBB, couldn't find another relevant uploaded video of yours, to ask a question whilst giving you brief details of the case. The Family Courts have a bad name, I'm not surprised! My case in Family Court was where 'A fact finding hearing' was not called and my child taken off me without any evidence to do so. Cafcass did not abide by law ( so i don't think Courts are a fit place for them to work in particular) and indeed Cafcass created Parental Alienation, only evidence to speak of was that i was diagnosed with sub-type PTSD and that i had been an Inpatient at a NHS Hospital, so them just going by this indeed to me this was discrimination. To me it's no good blaming my ex husband the father of my child for all parental alienation by the Family court, when court staff Cafcass blatantly create Parental Alienation with their recommendations without considering the law and the place they are employed and working. Yes, the Court Order where the Court included the School for reports etc and indeed i had the School violate the court order. Due to this Tory Government's policies they made it impossible for me to gain any organisational help or indeed Legal Representation available after said Court order was violated. I also had my legal aid stopped, when of course not only was i a benefit claimant with no disposable income, i was also a victim of violence, something which Solicitors did not bother to check out my medical records properly as NHS were aware i was indeed a rape victim, as a rape victim i am indeed a victim of violence. My Question is: What would you advise me to do in order to seek Justice and an end to this case that took place in Family Courts 2010-2013? Could i go to United Nations court as we are out of the EU? What organisation would help me to if i went to UN? Or is there something else? Please don't advise me to write to my MP, i have already done this, he just writes letters, basically calls me in other words dishonest and courts don't make mistakes like this, where he never attempts to do any investigation other than reply letters and has Alex Chalk of MOJ reply in his letter of seeking a solicitor, to which i cannot get a solicitor. I am upset regarding what i could only describe as 'Manipulative tack tics' and ignoring me. It's absolutely appalling that i have my child taken away from me just because i have used NHS services! This has made me very angry. Could you help and please answer my questions, any advice?

[@TheSadButMadLad]

The point about writing for the judge is something police should bear in mind. Their statements are always full of mistakes, grammatical, spelling and factual.

[@ktang001]

That's a very sweeping statement you just made.

[@TheSadButMadLad]

@@ktang001 But it's true. 😉

[@michaelproctor5312]

I'm not educated like yourself, partly due to me being nearly blind in one eye until it was operated on so I didn't lose sight in that eye ,so I couldn't see to read or right until my teenage years after receiving special lessons, unfortunately there is dyslexia in my Dad and brother and myself so I can read something many times over and simply not see/ understand what's wrong with it but someone not dyslexic would be able to pick up on it straight away so I think dyslexia should be taken much more seriously and into account because there's a real lack of understanding from people unaffected by this lifelong disorder .

[@TheJase8566]

You missed “never invade Russia in winter”

[@S.Trades]

What does Proofify cost?

[@alexmarshall4331]

Dan PLEASE!!!...how much does Proofify cost...👉🙏👈‼️

[@garethdavies7450]

While I know it sounds naive, but it seems that being in the right is irrelevant..

[@S.Trades]

Truth is it's usually the party with the deepest pockets, who wins. Not who is in the right.

[@viuvenitlalumina]

mental health issues defence is a reason why things can be exaggerated

[@MentalHealthPerformancePerform]

There is a massive gap in the market for great Cyrpto Lawyers here in Australia. Are there barristers who are well equiped in explaining their client's position?

[@cosmicaudio4589]

Is this a writing an email class?? Why not ask AI to either produce a letter/email or get it to finalise your letter for the purpose. Chat GPT is good at this!

[@viuvenitlalumina]

any chance of personal liability?😂

[@tasha24-7]

When and how would you use the phrase 'without prejudice' in correspondence?..... sorry complete novice

[@eroero830]

Never say "I won't steal a car" and then use that as evidence you wouldn't steal one? If you ask ME (and why wouldn't you) it's fairly convincing if you religiously whisk yourself into a frenzy of law abiding zeal only to slip somehow along the way and end up in someone else's vehicle without permission around 400 miles away.

[@The-Audi-driver]

So after all the tv licensing videos you’ve done. Would now say I was right that you don’t need a tv license. Because there own words trip them up

[@100Mickl]

Don’t give clues to H to win 🙏

[@Ravan_Caw]

kzbin.info/www/bejne/iXSTgHx3mbWgh9Usi=TfQd3o0h4tNz6dvE

[@markrobinson1458]

Information overload on a scale unknown to me, ever 🫨