■Facts are key. A trial court is essentially a court of fact.

■At the High Court, all that a lawyer needs to do in order to get the leave to appeal is to demonstrate factual aspects not dealt-with in order get the leave granted in his/her favour. 

■Good practice to read and internalize the whole file fully and write the facts in one’s own words. This helps internalization and mastery over the facts. 

■Once internalized, facts should be stated:

■As simply as possible. The shortest distance between two points is a straight line.

■Do not reproduce the pleadings; 

■Rule of CRAM (Chronological, Relevant, Admissible and Material)

■Rule of stating facts – WDWTW (Who Did What to Whom!)

■Imagine yourself telling the facts to an intelligent non legal friend or your partner. 

■Set the undisputed facts out first. Then move to disputed questions of fact because that would require appreciation of evidence.