0:00:02 > 0:00:06For almost 100 years, our justice system has been a hidden world.
0:00:07 > 0:00:09Cameras are banned in courts here.
0:00:09 > 0:00:12Much of the work goes unreported.
0:00:12 > 0:00:15Historically, our knowledge of the law has been based on TV dramas,
0:00:15 > 0:00:18artist's impressions and newspaper headlines.
0:00:21 > 0:00:23But now, for the first time,
0:00:23 > 0:00:27one legal institution has allowed the cameras in.
0:00:27 > 0:00:30This is the world of the barristers.
0:00:31 > 0:00:34The public want to know what we do.
0:00:34 > 0:00:36They are entitled to know what we do.
0:00:36 > 0:00:40And we feel we have a responsibility and duty to therefore inform
0:00:40 > 0:00:42the public of what it is we actually do as part
0:00:42 > 0:00:44of the administration of justice.
0:00:47 > 0:00:50For 15 months, we followed barristers,
0:00:50 > 0:00:52gaining an insight into our legal system
0:00:52 > 0:00:55and the range of problems faced in every area of life.
0:00:59 > 0:01:01The money's gone.
0:01:01 > 0:01:03The money's gone for a reason.
0:01:03 > 0:01:04The reason is A, B, C.
0:01:06 > 0:01:08For buyers like ourselves,
0:01:08 > 0:01:12we're going to have to pay for this for the rest of our working lives
0:01:12 > 0:01:14and we've nothing to show for it.
0:01:16 > 0:01:18Come November, it will be two years.
0:01:18 > 0:01:20They told us to do it.
0:01:20 > 0:01:24It happened while I was at work, so I thought it was straightforward.
0:01:24 > 0:01:27But it didn't work out that way.
0:01:28 > 0:01:31With hundreds of barristers and thousands of cases,
0:01:31 > 0:01:33this is a snapshot of their work.
0:01:48 > 0:01:50When you have a legal problem,
0:01:50 > 0:01:52a solicitor is the first person you turn to.
0:01:53 > 0:01:5674 people have lost their savings
0:01:56 > 0:01:59and pension funds buying Italian property.
0:01:59 > 0:02:03Yeah. I suppose all Land Registry are going to be concerned with
0:02:03 > 0:02:05is what the boundaries are.
0:02:05 > 0:02:09Whether we're transferring a palace or a bog is of no
0:02:09 > 0:02:11concern of theirs, I suppose.
0:02:11 > 0:02:14Sure thing. That's brilliant, Judy. OK.
0:02:14 > 0:02:18Speak to you. Cheers. Bye-bye.
0:02:18 > 0:02:20Simon Chambers is their lawyer.
0:02:25 > 0:02:28WOMAN SPEAKS OVER TANNOY
0:02:28 > 0:02:33'Well, around 2007, a number of people from Northern Ireland
0:02:33 > 0:02:37'decided that they wanted to purchase a second property'
0:02:37 > 0:02:40and they were drawn towards Calabria,
0:02:40 > 0:02:42which is in the toe of Italy.
0:02:42 > 0:02:47This is my wire, I suppose, as to what needs to be done...
0:02:47 > 0:02:52'One of the developments in question was never built at all.
0:02:52 > 0:02:53'Construction never commenced.'
0:02:53 > 0:02:55Well it's just, I suppose,
0:02:55 > 0:02:59has something ready at sight that I can work on.
0:02:59 > 0:03:02As we've got deeper and deeper into this case over the years,
0:03:02 > 0:03:05it's becoming increasingly apparent that some of the most basic
0:03:05 > 0:03:08checks and balances were never carried out by these individuals.
0:03:08 > 0:03:14Solicitors leaving our clients with significant losses across the board.
0:03:14 > 0:03:15PHONE RINGS
0:03:18 > 0:03:20HE MUMBLES
0:03:21 > 0:03:23Oh, right.
0:03:26 > 0:03:30'I suppose it's taken up half of my professional life for the last
0:03:30 > 0:03:33'four years. And, from my perspective,
0:03:33 > 0:03:35'there's no guarantee of a successful outcome.
0:03:35 > 0:03:38'The saying is, "Litigation is not for widows or orphans."
0:03:38 > 0:03:42'Anything can happen on the day in court.'
0:03:42 > 0:03:43..on Monday morning.
0:03:43 > 0:03:48'The facts are often stranger than fiction in this action,'
0:03:48 > 0:03:51and that's part of the beauty of this job.
0:03:51 > 0:03:53Every day seems to throw up something different.
0:03:55 > 0:03:59Lawyers use expert witnesses to back up their legal arguments.
0:03:59 > 0:04:01Simon's brought a team in from London.
0:04:06 > 0:04:08Well, it would be good to finally meet the guys.
0:04:08 > 0:04:11I've spoken to them a lot on the phone,
0:04:11 > 0:04:15but it's not until you meet somebody that you really get a proper handle
0:04:15 > 0:04:18on where they perceive the strengths and weaknesses of the case are.
0:04:18 > 0:04:21We also get an idea of how these individuals will
0:04:21 > 0:04:22present as witnesses
0:04:22 > 0:04:25because visual impact is very important in court.
0:04:31 > 0:04:34Frank O'Donoghue is the senior barrister leading
0:04:34 > 0:04:35the team in an uphill battle.
0:04:38 > 0:04:40The money's gone.
0:04:40 > 0:04:41The money's gone for a reason.
0:04:41 > 0:04:45The reason is A, B, C.
0:04:45 > 0:04:48'Well, commercial cases in the high court are done very
0:04:48 > 0:04:49'substantially on paper.
0:04:49 > 0:04:54'That is that, where you have an expert giving his evidence.'
0:04:54 > 0:04:57The expert evidence is in report form,
0:04:57 > 0:04:59and then will be supplemented by oral evidence.
0:04:59 > 0:05:02Well, he has to... I think it should be in the report,
0:05:02 > 0:05:05but I think the emphasis of the report...
0:05:05 > 0:05:07'I think barristers are like icebergs.
0:05:07 > 0:05:11'The dressing up, the wearing of the wig and the gown,'
0:05:11 > 0:05:14and the court presentation is the tip of the iceberg,
0:05:14 > 0:05:20but the real meat of the case is not seen by the public at all.
0:05:20 > 0:05:23The better you prepare the case
0:05:23 > 0:05:26and the more opportunity you're given to prepare the case...
0:05:26 > 0:05:28the better your performance will be in court.
0:05:28 > 0:05:31So, preparation is...
0:05:31 > 0:05:32Is everything.
0:05:34 > 0:05:38Last year, around 91,000 cases went through our courts.
0:05:38 > 0:05:43They range in everything from serious crime to personal injuries
0:05:43 > 0:05:45to the more unexpected.
0:05:45 > 0:05:49In Omar, barrister Gary McHugh is representing Tony,
0:05:49 > 0:05:50who was attacked by a bull.
0:06:01 > 0:06:06I've spoken with the barristers now for the other party, Mr Kelly,
0:06:06 > 0:06:09and they've confirmed that they're not making any offer
0:06:09 > 0:06:11outside of court in settlement of this case.
0:06:11 > 0:06:13There is a dispute, they say,
0:06:13 > 0:06:15about what happened.
0:06:16 > 0:06:20There's a dispute about who owns the bull and why you were there,
0:06:20 > 0:06:24because nobody is accepting that you were there at their request.
0:06:24 > 0:06:26And nobody is saying that you were...
0:06:26 > 0:06:28employed by them in that sense.
0:06:28 > 0:06:31So you'll go into the witness box and we'll give your evidence.
0:06:31 > 0:06:35- Are you happy enough with that? - Yeah.- OK. We'll go upstairs now.
0:06:35 > 0:06:38Will you bring Mr McHugh up and I'll have a quick word with him outside?
0:06:40 > 0:06:43Gary's client had been in the pub one day
0:06:43 > 0:06:46when he was asked to help move a bull from a field.
0:06:46 > 0:06:49He thought he would get a pint in return.
0:06:49 > 0:06:52Unfortunately, he was attacked by the bull.
0:06:52 > 0:06:54He spent four days in hospital.
0:06:54 > 0:06:56- INDISTINCT SPEECH - I couldn't move.
0:06:56 > 0:07:01It just headed for me and picked me up into the air.
0:07:03 > 0:07:05I seen stars. I thought I was dead.
0:07:05 > 0:07:07I thought I was dead, I'll be honest with you.
0:07:09 > 0:07:11It was starting to kick at me.
0:07:13 > 0:07:16I think it was just pure fear then.
0:07:16 > 0:07:18Fear of death. I just got up and run.
0:07:18 > 0:07:20They pulled me out through the gate at the side of the field,
0:07:20 > 0:07:22so they did, you know.
0:07:25 > 0:07:30I was black and blue from my knee up to about my belly button.
0:07:30 > 0:07:34I was black, blue, purple...
0:07:34 > 0:07:39for, I would say, six weeks before it faded away at all.
0:07:41 > 0:07:44It's the barrister's job to cut through the story
0:07:44 > 0:07:47and apply the law to the facts.
0:07:47 > 0:07:50The case ultimately comes down to who is to blame.
0:07:51 > 0:07:56As it stands, I think the judge has a fair flavour of it.
0:07:56 > 0:07:58Now there are legal issues in this case about who was
0:07:58 > 0:08:00responsible for what.
0:08:00 > 0:08:03The first defendant is saying that...
0:08:03 > 0:08:05at the time, he wasn't responsible for the field,
0:08:05 > 0:08:07and there might be a legal argument about that.
0:08:07 > 0:08:10And the only issue the judge will ultimately have to decide is whether
0:08:10 > 0:08:14or not it was safe for you to have been sent into this field at all.
0:08:15 > 0:08:19It's a county court, so there's no jury.
0:08:19 > 0:08:22A judge listens to the witnesses and decided the outcome.
0:08:30 > 0:08:32All right, Tony, did you hear that judgment in the end?
0:08:32 > 0:08:37The judge made an analysis of the various witnesses in the case and,
0:08:37 > 0:08:40again, he said, in terms of your evidence,
0:08:40 > 0:08:42and in terms of the evidence of your witness,
0:08:42 > 0:08:45that he believed everything that you said.
0:08:45 > 0:08:49Well, I presume I've won if that's the case.
0:08:49 > 0:08:52The judge held that the first and the fourth defendants were
0:08:52 > 0:08:56responsible for the control of the operations in the field that day,
0:08:56 > 0:08:59and he awarded you damages of £6,000
0:08:59 > 0:09:03and all your costs are paid for by the insurance companies.
0:09:03 > 0:09:07That figure... That figure will come directly to you.
0:09:07 > 0:09:09Thank you for... You done brilliant work.
0:09:09 > 0:09:11You're the best barrister I ever seen.
0:09:11 > 0:09:15- Not at all. OK.- Thank you. - I'll see you again.
0:09:15 > 0:09:18But this wasn't to be the end of Tony's case.
0:09:18 > 0:09:21In the county court, there's an automatic right of appeal
0:09:21 > 0:09:23and that's what the insurers do.
0:09:26 > 0:09:29The Italian property case is due in court
0:09:29 > 0:09:31and Simon's briefing his clients.
0:09:31 > 0:09:35..is putting together an information pack for you
0:09:35 > 0:09:37all in terms of what's going to be coming up in court.
0:09:37 > 0:09:40What I've produced is a court information sheet.
0:09:40 > 0:09:44It's about four pages, just talking about what is expected of you.
0:09:44 > 0:09:48Were the facilities or where the toilets are, the cafe,
0:09:48 > 0:09:50parking, everything like that.
0:09:50 > 0:09:54So, it saves me having to relay that all to you individually.
0:09:56 > 0:10:00Simon has 74 clients to look after.
0:10:00 > 0:10:02One of them is Roisin Adams.
0:10:02 > 0:10:04She bought two apartments in the hope
0:10:04 > 0:10:08she could make money to fund her children's education.
0:10:08 > 0:10:12Well, we invested in the properties initially
0:10:12 > 0:10:16because they were going to be an investment for our kids' future.
0:10:21 > 0:10:26The first lot of months, everything seemed to go smoothly.
0:10:26 > 0:10:31But it was the following year, 2008, during the summer
0:10:31 > 0:10:34that the development came to a halt.
0:10:34 > 0:10:39There was problems with the planning permission.
0:10:39 > 0:10:43This is the promotional video selling the Italian dream.
0:10:43 > 0:10:45Sensibly, and quite rightly,
0:10:45 > 0:10:49Roisin used an international lawyer to handle the purchase.
0:10:49 > 0:10:51But now she's suing him for professional negligence
0:10:51 > 0:10:53and breach of contract,
0:10:53 > 0:10:56hoping his insurers AIG will pay up.
0:10:58 > 0:11:01That's the contract for the apartment Jewel of the Sea.
0:11:03 > 0:11:07It's when you look through the contract now with hindsight,
0:11:07 > 0:11:14you realise that the contract was flawed, even at the time.
0:11:14 > 0:11:19But you expect that, when you employ a professional solicitor
0:11:19 > 0:11:24and pay him a fee to carry out work on your behalf, that he's actually
0:11:24 > 0:11:28acting with your best interests at heart.
0:11:28 > 0:11:31And we later discovered that it wasn't the case.
0:11:33 > 0:11:34There's the brochure.
0:11:34 > 0:11:39"Living the dream on the Southern Italian Riviera." And, really,
0:11:39 > 0:11:43the dream has just turned into a nightmare for the entire family.
0:11:45 > 0:11:50It's just very hard to accept there's a chance that you've
0:11:50 > 0:11:53lost your money and you're going to be paying that money
0:11:53 > 0:11:55back for the rest of your working life.
0:11:58 > 0:12:00Regardless of the outcome...
0:12:00 > 0:12:07we, as a family, have to draw a line in the sand and move on.
0:12:08 > 0:12:11It's far from straightforward.
0:12:11 > 0:12:14The Anglo-Italian lawyer denies negligence.
0:12:14 > 0:12:16And even if Frank and the team are successful,
0:12:16 > 0:12:20there is no guarantee that the clients will get any money back.
0:12:23 > 0:12:25Guy is at the county court in Belfast.
0:12:25 > 0:12:29He suffered chemical burns to his feet after an incident at work.
0:12:29 > 0:12:31His solicitor Ursula is preparing him
0:12:31 > 0:12:34for the witness box as there's been no settlement.
0:12:35 > 0:12:40What I want to do is I just want to tell you what it's like in here, OK?
0:12:40 > 0:12:42Now I've explained to you before.
0:12:42 > 0:12:44We're here now, all right?
0:12:44 > 0:12:46If I can just show you...
0:12:47 > 0:12:50..the way the courtroom is set out here.
0:12:50 > 0:12:51The witness box is here.
0:12:52 > 0:12:55OK? At an angle.
0:12:55 > 0:12:58It's a bit bizarre in that you have to address
0:12:58 > 0:13:01all your comments to the judge.
0:13:01 > 0:13:04That's very difficult to do when the questions are being
0:13:04 > 0:13:06put to you by your barrister from behind you.
0:13:06 > 0:13:10So if you can just keep yourself in that position,
0:13:10 > 0:13:11eye contact with the judge.
0:13:11 > 0:13:14Listen to what the barrister is asking you...
0:13:14 > 0:13:16and then answer up to the judge.
0:13:16 > 0:13:20- Good morning.- Good morning. How are you?- Very well.- Good.
0:13:20 > 0:13:24His barrister Michael McCrae is handling the negotiations
0:13:24 > 0:13:25and the court case.
0:13:28 > 0:13:30Some people would make excellent witnesses,
0:13:30 > 0:13:32although they don't think so.
0:13:32 > 0:13:34And some people will think they're going to be great witnesses
0:13:34 > 0:13:36and they're terrible.
0:13:36 > 0:13:38Ursula, did we ever get any decent photographs...?
0:13:38 > 0:13:41'The judge has only got a short period of time to make
0:13:41 > 0:13:43'an assessment.'
0:13:43 > 0:13:45Judges are human like everybody else.
0:13:45 > 0:13:48They may take a like to somebody or a dislike to somebody,
0:13:48 > 0:13:50so... And anything could happen.
0:13:50 > 0:13:55The other side's barristers look at Guy's feet.
0:13:55 > 0:13:57The lawyers on the other side,
0:13:57 > 0:14:01so they can see what residual marks or scarring there were.
0:14:01 > 0:14:04It means they're interested in looking at that,
0:14:04 > 0:14:06which means that they're interested, obviously,
0:14:06 > 0:14:08in some form of discussion.
0:14:08 > 0:14:11'It's really a team effort, frankly, now.
0:14:11 > 0:14:17'Simply I bring the decision to the table and then we discuss it,
0:14:17 > 0:14:21'and then we decide what we're going to do as a team.'
0:14:21 > 0:14:23CHATTER
0:14:28 > 0:14:31It's maybe worse, sitting waiting and waiting and waiting.
0:14:31 > 0:14:35You're sitting feeling like you've done something wrong.
0:14:35 > 0:14:37It's... It's weird.
0:14:37 > 0:14:39It's a weird feeling.
0:14:39 > 0:14:41I can't explain it. It's just weird.
0:14:45 > 0:14:48Come November, that will be two years.
0:14:48 > 0:14:53I mean... When it happened, I thought, "Just sort it out."
0:14:53 > 0:14:57They told us to do it, it happened while I was at work,
0:14:57 > 0:15:00so I thought it was straightforward.
0:15:00 > 0:15:03But it didn't work out that way.
0:15:03 > 0:15:06OK, Mr Nelson, some good news.
0:15:06 > 0:15:11The position is that eventually your opponents have agreed
0:15:11 > 0:15:16with each other and with us to resolve this case
0:15:16 > 0:15:19without going to court, OK?
0:15:19 > 0:15:24And eventually they've agreed to pay a sum of money which
0:15:24 > 0:15:26we think is appropriate.
0:15:26 > 0:15:29- I know that you'd be happy if they were to pay that.- Great.
0:15:29 > 0:15:30That will resolve your case.
0:15:30 > 0:15:34- They are going to do that, so that is your case settled.- Great.
0:15:34 > 0:15:38So that's the end of the case and, hopefully, you can
0:15:38 > 0:15:40enjoy the rest of the day.
0:15:40 > 0:15:42- Thanks very much.- You're very, very welcome.
0:15:42 > 0:15:45- Good luck. Very nice meeting you. - Cheerio.
0:15:45 > 0:15:50The amount is confidential as it was settled out of court,
0:15:50 > 0:15:52but the figure isn't plucked out of thin air.
0:15:52 > 0:15:56They lawyer's green book lists the value of every injury.
0:15:58 > 0:16:00INDISTINCT SPEECH
0:16:03 > 0:16:06The Italian property case is due at the High Court
0:16:06 > 0:16:09and senior barrister Frank O'Donoghue is preparing for it.
0:16:14 > 0:16:16PHONE RINGS
0:16:17 > 0:16:20This case is now listed for the 18th of February.
0:16:22 > 0:16:25We act on behalf of 74 plaintiffs,
0:16:25 > 0:16:28and the court has directed us to ensure that affidavits in
0:16:28 > 0:16:32respect of each of those plaintiffs is filed by the 11th of January.
0:16:32 > 0:16:36That's the job of a solicitor and Simon, who is here,
0:16:36 > 0:16:40has been working through his office to prepare those affidavits,
0:16:40 > 0:16:42and that process in ongoing.
0:16:44 > 0:16:46Do I feel under pressure in relation to this case? Yes, I do.
0:16:46 > 0:16:50Because you can see from the volume of documentation that there's
0:16:50 > 0:16:51an awful lot to read,
0:16:51 > 0:16:56an awful lot still to extract so that it becomes a manageable
0:16:56 > 0:16:59process for the court by the 18th of February.
0:17:01 > 0:17:04The day before the hearing.
0:17:04 > 0:17:07Like many cases, there's always new information coming to
0:17:07 > 0:17:11light as the lawyers dig deeper into the files.
0:17:11 > 0:17:12A query has been raised over
0:17:12 > 0:17:16whether a new expert witness can be impartial.
0:17:16 > 0:17:18Well, there's been some quite significant
0:17:18 > 0:17:20and serious developments.
0:17:20 > 0:17:23An expert's architect report was served on us,
0:17:23 > 0:17:27as well as the supplementary report, last week. And...
0:17:27 > 0:17:31It's purported to be independent.
0:17:31 > 0:17:35If the expert is an employee or an associate of the defendant,
0:17:35 > 0:17:38it could raise a question mark over her independence.
0:17:38 > 0:17:42And she's told the lawyers that she cannot attend the Belfast court
0:17:42 > 0:17:43because of a fear of flying.
0:17:45 > 0:17:47Thank you.
0:17:47 > 0:17:52On Saturday evening, junior council decided to conduct a cursory
0:17:52 > 0:17:55internet search on this expert architect,
0:17:55 > 0:17:59and it turns out that she's an employee of the defendants,
0:17:59 > 0:18:01which came as rather a surprise to all of us.
0:18:05 > 0:18:08'Further that she works in both the California office
0:18:08 > 0:18:09'and the Palermo office,
0:18:09 > 0:18:12'so quite how she travels between California and Palermo
0:18:12 > 0:18:15'without flying is beyond us.'
0:18:15 > 0:18:18But the other side argues that its witness is impartial.
0:18:18 > 0:18:22The issue is never resolved, as the case takes another turn
0:18:22 > 0:18:24when it finally makes it to court.
0:18:25 > 0:18:27In the run-up to the hearing,
0:18:27 > 0:18:32Frank's team is under pressure to use every hour to cover all angles.
0:18:32 > 0:18:34The preparation is just absolutely everything.
0:18:34 > 0:18:37There's an enormous amount of documents in this case that
0:18:37 > 0:18:40have to be considered and cross referenced.
0:18:40 > 0:18:42We have to consult with our clients.
0:18:42 > 0:18:44We have to consult with our experts and our witnesses.
0:18:46 > 0:18:48You're applying structure.
0:18:48 > 0:18:53You're focusing the issues for the court and you're trying to do so
0:18:53 > 0:18:56with the purpose of ensuring that justice is achieved for the parties,
0:18:56 > 0:19:00but also ensuring that court time is used efficiently and appropriately.
0:19:00 > 0:19:03And that's why I'm sitting here on a Sunday afternoon.
0:19:06 > 0:19:10I don't know that enjoyment is necessarily the phrase.
0:19:10 > 0:19:14I think you just regard it as an essential aspect of your work.
0:19:16 > 0:19:20The enjoyment comes more in the form of a satisfaction that you have,
0:19:20 > 0:19:22in fact, done the work and...
0:19:22 > 0:19:27So that when you come to stand on your feet in court and say,
0:19:27 > 0:19:29"My Lord, I appear on behalf of the plaintiff,"
0:19:29 > 0:19:32that in fact you know why you are appearing on behalf of the plaintiff,
0:19:32 > 0:19:35you know the points that you are trying to make to him,
0:19:35 > 0:19:38and you know how to respond to the points as they arise
0:19:38 > 0:19:41when they are confronted by the court...
0:19:41 > 0:19:43in an adversarial context.
0:19:44 > 0:19:46What I want to do is two things.
0:19:46 > 0:19:48First of all, I want to go through...
0:19:48 > 0:19:52Most think of the law in terms of winning and losing.
0:19:52 > 0:19:54It can be more subtle than that.
0:19:54 > 0:19:57This case is about getting the clients' money back.
0:19:57 > 0:19:59The international lawyer is insured,
0:19:59 > 0:20:02but there may be a limit to the amount the policy will pay out.
0:20:02 > 0:20:05- ..for which he contends.- Yeah.
0:20:05 > 0:20:11And then, secondly, once we've done that, just to talk generally about
0:20:11 > 0:20:12how we give our evidence.
0:20:12 > 0:20:17My instruction is to represent my clients to win the case in court.
0:20:17 > 0:20:20To just let you take your time to go through the report slowly.
0:20:20 > 0:20:23If there was some form of meaningful negotiation,
0:20:23 > 0:20:27where the other side were to come along in a situation
0:20:27 > 0:20:30such as this and say, effectively,
0:20:30 > 0:20:33"Look, we'll not be able to pay you 100p in the pound,
0:20:33 > 0:20:35"but we'll pay you 60p in the pound,
0:20:35 > 0:20:38"and we'll pay it now or within four or five weeks."
0:20:38 > 0:20:40Then obviously we have to take that on board.
0:20:40 > 0:20:42We have to go and speak to our clients.
0:20:42 > 0:20:43It may be that, in that type of situation,
0:20:43 > 0:20:46you would have to recommend it even though you had a perfectly good case,
0:20:46 > 0:20:48which you would win 100% in court,
0:20:48 > 0:20:50but would actually be worth less to your client.
0:20:54 > 0:20:56The harshness, if you like,
0:20:56 > 0:20:58of the situation as far as we are concerned is this.
0:20:58 > 0:21:01If we aren't to have any form of meaningful negotiation,
0:21:01 > 0:21:04we've just got to run the case and seek
0:21:04 > 0:21:06and hope the judgment can be enforced.
0:21:06 > 0:21:08And that the client will get the money back.
0:21:08 > 0:21:10Next week, we go onto the next case...
0:21:10 > 0:21:14and the client is left with the outcome. Such as it is.
0:21:14 > 0:21:21That may sound uncharitable or harsh or cold - it's not meant to be.
0:21:21 > 0:21:22It's just the nature of our work.
0:21:24 > 0:21:27While there's a case to fight, Frank and the team plough on.
0:21:27 > 0:21:30And there's an added pressure.
0:21:30 > 0:21:33There's no legal aid in this case so, if there's no result,
0:21:33 > 0:21:35everyone is out of pocket.
0:21:40 > 0:21:42In the bull attack case,
0:21:42 > 0:21:45the appeal by the insurance company is due to be heard,
0:21:45 > 0:21:46but there's a problem.
0:21:46 > 0:21:50A key witness is ill, so solicitor Connor is going to get a statement.
0:21:53 > 0:21:57We received a phone call from Mr Kelly, advising that he had become
0:21:57 > 0:22:01aware that his witness in the case, Mr McHugh, had taken a heart attack.
0:22:01 > 0:22:05He's been told by a doctor that he's not fit to attend
0:22:05 > 0:22:08at Belfast High Court to give evidence.
0:22:08 > 0:22:11Therefore, what I propose to do today is to call out to his house
0:22:11 > 0:22:13and take a written statement from him.
0:22:16 > 0:22:18Witness non-availability occurs all the time.
0:22:18 > 0:22:20But I suppose, in this particular case,
0:22:20 > 0:22:23it has already been adjourned once.
0:22:23 > 0:22:27And it may be that a judge may not grant an adjournment
0:22:27 > 0:22:31if we make an adjournment application the second time.
0:22:32 > 0:22:34Upon speaking with Gary McHugh, the barrister,
0:22:34 > 0:22:38we proposed to take the statement in the hope that it can be
0:22:38 > 0:22:40introduced under the civil evidence order.
0:22:40 > 0:22:41Whilst that's not ideal,
0:22:41 > 0:22:45it's better than having to run a case without the witness.
0:22:47 > 0:22:51The appeal is a rerun of the original hearing,
0:22:51 > 0:22:53but now it's in front of a high court judge.
0:22:55 > 0:22:59There should only be two or three witnesses today, and because we have
0:22:59 > 0:23:01already had a run at it in the County Court,
0:23:01 > 0:23:04it shouldn't be as long as it took the first day.
0:23:04 > 0:23:08The judge will know we were successful at the County Court,
0:23:08 > 0:23:12but it's a compete rehearing, and the judge will form his view
0:23:12 > 0:23:16on the basis of the evidence as it's presented and considered today.
0:23:18 > 0:23:23Once again, Tony has to get into the witness box and give evidence.
0:23:23 > 0:23:26After everything he's been through, it's a nerve-racking experience.
0:23:35 > 0:23:38Well, the judge today ruled as the County Court had ruled,
0:23:38 > 0:23:43that the owner of the field owed a duty of care to Mr Kelly,
0:23:43 > 0:23:48who was visiting the field, and that duty of care extended
0:23:48 > 0:23:50to ensure that when Mr Kelly was in his field,
0:23:50 > 0:23:52Mr Kelly was reasonably safe,
0:23:52 > 0:23:57and the judge's language today said that Mr Kelly
0:23:57 > 0:24:01being in the field with a bull in those circumstances was
0:24:01 > 0:24:05an accident waiting to happen, so the damages have been confirmed,
0:24:05 > 0:24:08as far as you're concerned, at £6,000.
0:24:08 > 0:24:10So you've won your case again.
0:24:10 > 0:24:12Same issues, same sort of circumstances
0:24:12 > 0:24:17and the judge made the ruling in our favour, so I'm delighted for you.
0:24:17 > 0:24:20And because Tony's won, the insurance company pays
0:24:20 > 0:24:23all the court costs, so there's no legal aid bill.
0:24:25 > 0:24:27For six years,
0:24:27 > 0:24:31Roisin has been paying for two properties that don't exist.
0:24:31 > 0:24:33All she wants is for her nightmare to stop.
0:24:35 > 0:24:38Before Christmas, I was really feeling the pressure.
0:24:39 > 0:24:41But at the end of the day, to continue on,
0:24:41 > 0:24:44you have to go into work and keep the house going,
0:24:44 > 0:24:48but really, to be honest, it's in the back of your head all the time.
0:24:51 > 0:24:56I think it will be nice to see a lot of other buyers there
0:24:56 > 0:25:00that morning knowing that these people have actually experienced
0:25:00 > 0:25:04the same as us over this last six years.
0:25:09 > 0:25:14For me, it's been a long time coming, so when I finally see it,
0:25:14 > 0:25:20happening in court, I think it will just be unbelievable, you know,
0:25:20 > 0:25:22that it's got to that stage.
0:25:24 > 0:25:26It's their barrister Frank who carries
0:25:26 > 0:25:28the burden of their hopes and fears.
0:25:31 > 0:25:33It's about 9.15am now.
0:25:33 > 0:25:36I have to see my clients between 9.30 and 9.45am
0:25:36 > 0:25:39down in the Great Hall, in the High Court,
0:25:39 > 0:25:43just to have a final few words.
0:25:43 > 0:25:48I'll get ready for the case. The case will start about 10.30, 10.45am.
0:25:50 > 0:25:53I'm actually very anxious about this case this morning.
0:25:53 > 0:25:55No matter how prepared you are,
0:25:55 > 0:25:57you're always anxious before it gets up and running.
0:25:57 > 0:26:00It's like playing a game of sport, where you got the anxiety levels
0:26:00 > 0:26:05high before you go in, but as soon as the whistle blows
0:26:05 > 0:26:08and the game starts, you probably settle into it a lot better.
0:26:10 > 0:26:14There are many very, very experienced barristers in this jurisdiction,
0:26:14 > 0:26:17and if you spoke to each and every one of them, they will tell you
0:26:17 > 0:26:21that they have high levels of anxiety going into the case.
0:26:21 > 0:26:22It's a very, very stressful job.
0:26:25 > 0:26:27Barristers may be professionally detached,
0:26:27 > 0:26:31but there's no escaping the weight of the responsibility they carry.
0:26:35 > 0:26:39I think it's brilliant that we've actually made it
0:26:39 > 0:26:44to the actual court and there will be a resolution.
0:26:46 > 0:26:48We will be able to draw a line under it,
0:26:48 > 0:26:52but there's also going to have to be a lot of compromise.
0:26:57 > 0:27:01I understand, fully appreciate the work and effort that has been
0:27:01 > 0:27:07put into this case, and Simon and the legal team, the barristers,
0:27:07 > 0:27:11people need to be paid, people have their own bills to be paid.
0:27:15 > 0:27:17But for buyers like ourselves,
0:27:17 > 0:27:21we're going to have to pay for this for the rest of our working lives.
0:27:21 > 0:27:26And we've nothing to show for it. So that part bothers me.
0:27:31 > 0:27:37But at the same time, we have to accept it and move on,
0:27:37 > 0:27:40otherwise it will just destroy the rest of our lives.
0:28:00 > 0:28:02Next time on Barristers...
0:28:03 > 0:28:06Because you're dealing with the death of children,
0:28:06 > 0:28:08it's very, very emotional.
0:28:10 > 0:28:15What we watched that day, how Rachel was dying in front of our eyes,
0:28:15 > 0:28:18I had promised that I would get justice for her.
0:28:20 > 0:28:22I'm relieved. It's not everything we wanted,
0:28:22 > 0:28:26but it's what I believe represents the best and most reasonable
0:28:26 > 0:28:29deal that we're ever likely to get under the circumstances.