Emma Nightingale, Trainee in the Russell-Cooke Solicitors, restructuring and insolvency team.

My day in court: "an invaluable learning experience"

Emma Nightingale, Trainee in the Russell-Cooke Solicitors, restructuring and insolvency team.
Emma Nightingale
3 min Read

Trainee Emma Nightingale recounts her day in court following an urgent, without notice application filed the day prior. 

An ordinary start to the day

My day began as an ordinary day in the office: I got to my desk, opened my emails and made my to do list for the day. The great thing about being a trainee in the litigation department is that no two days are the same and I quickly realised that, despite my best efforts, my days rarely go according to plan and are often unpredictable. Just as I was about to head to the kitchen to make my first cup of tea, I received an email from the court responding to an urgent, without notice application which we had filed on our client’s behalf the day before

A sudden change in plans

The email confirmed that the information the court staff had given me the day prior was entirely incorrect: if we wanted the application to be heard on an urgent basis then I would have to attend the court and file the application in person before 1.30pm that afternoon. I closed my laptop, called the partner to deliver the news and jumped on a train to the south coast with paper copies of the application in hand. 

The application was for a temporary injunction to secure our client’s position in the wider proceedings and it was crucial that the court heard the application without any delay. Luckily, we had counsel on standby (albeit for a remote hearing!) and they too began their trek to the seaside. 

Arriving at court

I arrived a few hours later. Unfortunately, there was no time for a stroll along the beach front and instead, I navigated myself to the court building.

Usually, court buildings are a whirlwind of activity but, true to the unpredictable nature of the day, it was like a ghost town – the court counter was not manned and I was told to take a seat and that somebody would be out to assist me shortly. I was finally greeted by a member of the court staff who told me that the good news: the Judge’s list for that day had collapsed and we would definitely be heard that day. The rush to file the application had paid off. 

Soon after, the client and counsel arrived at court and after providing final reassurances to the client (despite the chaotic morning), we were ushered into the court room. 

The hearing

Going to court is never without a touch of drama; just before we headed into the court room, we were informed that the other side were going to join via video link (spared from their own coastal adventure!) Counsel presented our client’s application with precision and clarity. After submissions by both parties’ counsel, the Judge laid down a firm directive: the dispute could not continue indefinitely – both parties were expected to work together to find a resolution and agree the terms of an order to prevent further escalation. He issued a strict warning that the parties could come to an agreement or he would impose his decision on them. 

Negotiations and resolution

With that in mind, the client, counsel and I reconvened in the interview room. Emotions were high and negotiations with the other side commenced. After a tense back and forth, common ground was found and a compromise reached. We headed back in the court room and counsel confirmed the outcome of the discussions. After addressing some final practicalities of an order, the Judge granted the order on the agreed terms. 

Reflections on the day

At times, going to court focuses the mind to resolution; a day in court is often dynamic and full of surprises – just as it was in this case. It is not just about the technicalities of the law, but remembering that the decisions made in these moments can be pivotal to a client’s life. The outcome of a hearing can have a profound effect on their daily life and it is often a time of great emotion. Ultimately my day in court was an invaluable learning experience, underscoring the importance of adaptability, focus and the human element that underpins every case. 

Emma Nightingale is a third-seat trainee in the family team

Applications for our 2027 training contract and 2025 vacation scheme open on 8 November 2024 and close on 7 February 2025

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