Some of the most decisive victories in trust and estate litigation are secured long before trial. Standing challenges, limitation defences, arbitration disputes, venue battles and other threshold issues can reshape, or even end, a case before the evidence is heard. 

Drawing on the military thinking of the ancient Greeks, this session explores how timeless strategic principles can inform modern dispute resolution. The discussion will explore how early procedural decisions can determine the “battlefield” on which disputes are fought, how judgment calls about whether to fight or settle shape outcomes, and how reputation, preparation and information often prove decisive long before the merits are reached. Through real examples and practical experience, the panel will show how litigation strategy is as much about psychology, timing and positioning as it is about law. 

Combining historical insight with practical litigation strategy, the session will show how procedural decisions often determine the outcome of a case long before the merits are tested.