First thing was discovering that the other side hadn't sent one of their trainees but the heavyweight pro from the office. Not great.
Second thing was being first up - bad, as I didn't have the chance to gauge the sheriff beforehand, but good as he wasn't yet impatient by the time I was on!
I was nervous beforehand but when I went up I felt fine. The pursuer's agent set the scene then the sheriff turned to me.
I made my submissions (went well), tendered a photocopy from McPhail and a Westlaw copy (I know...). Went well, sheriff was with me. I was doing OK. Sheriff was even smiling at me. And then... doh!
Pursuer's agent said that he didn't have the papers he needed with him and asked for a continuation. And I didn't oppose it. So it was continued for 2 weeks. And the sheriff told me that whilst he was impressed with my submissions, agreeing to the continuation was "commendable". I think that means he was calling me a ninny.
Why? Because it was in the bag... and now I have given him the chance to appear with a bunch of papers that will no doubt cast enough doubt about my defence to sink my arguments, or something along those lines. Or I will have a less sympathetic sheriff. Or I will be last on (being a continued diet) so the sheriff will have no patience for bringing out McPhail. And I could have put it to bed this morning and returned to the office to a hero's welcome (or something like that).
Drat.
So why did I do it? Well, I didn't actually think it would be worth opposing a continuation. Right? Wrong. Let's face it, the pursuer's agent should have been prepared with the right papers, just as I was.
A lesson in inexperience! Am becoming fed up of learning from mistakes! At least I enjoyed the advocacy. And maybe it will be OK in 2 weeks... we'll see.
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