10. Trials and Appeals

Question 1

Where should details of the witness’s availability be inputted?

Answer 1

1. Directions’ Questionnaire
2. Pre-trial checklists as case approaches final hearing

Question 2

Timeline for serving a witness summons

Answer 2

WS must be served (and therefore issued) atleast 7 days before the day on which their attendance is required
- If less time than this, court permission is required

Question 3

What is a witness summons

Answer 3

A document issued by the court requiring the witness to attend court / give evidence or provide documents to the court

Question 4

Consequences for failing to comply with a Witness Summons

Answer 4

Witness may be fined or (in high court) imprisoned for contempt of court

Question 5

Requirements for a witness summons to be binding on a witness

Answer 5

1. adhere to notice timeline and
2. offer witness money for travel expenses and compensation for loss of time

Question 6

Deadline for filing pre-trial checklists

Answer 6

Completed checklists must be filed at court no later than 8 weeks prior to trial

Question 7

After the pre-trial checklist is filed, what may the judge do?

Answer 7

1. may decide further directions are needed
2. may decide review hearing is necessary before trial

Question 8

‘Review Hearing’ on the different tracks

Answer 8

Listing hearing - fast track
Pre-trial review on intermediate / multi

Question 9

Cases which will likely have pre-trial review

Answer 9

Cases expected to last longer than 10 days

Question 10

What happens if neither party files their pre-trial checklists before the deadline?

Answer 10

1. Court will order one must be filed in 7 days and if it is not
2. claim / defence and counterclaim struck out

Question 11

What happens if one party files their pre-trial checklist and the other does not

Answer 11

If one party fails to complete, the court will fix a hearing to ensure the case is ready for trial

Question 12

What will court do after it has received the pre-trial checklists and conducted any necessary pre-trial reviews?

Answer 12

1. gives time estimate / timetable for trial
2. fixes trial venue
3. confirms actual date of trial / week
4. order trial bundle of documents

Question 13

Who prepares the trial bundle

Answer 13

The claimant’s representative

Question 14

When must a trial bundle be filed

Answer 14

Between 7 and 3 days before the trial

Question 15

What is included in the trial bundle

Answer 15

ALL key documents:
- claim form / statements of case
- case summary
- requests for further info
- witness statements
- experts’ reports
- direction orders

Question 16

Serving requirements for the trial bundle

Answer 16

Party filing the bundle should supply identical copies to other parties in the proceedings and for witnesses

Question 17

Multi-track: what pre-trial document must be prepared IN ADDITION to the trial bundle

Answer 17

Case Summary

Question 18

Purpose of the Case Summary in multi-track cases

Answer 18

1. review party’s submissions of fact in relation to each issue with reference to evidence
2. set out any propositions of law to be relied upon; and
3. identify any key documents that the trial judge should, if possible, read before the trial starts

Question 19

Is the claimant automatically entitled to make an opening speech

Answer 19

No, must be permitted by the judge

Question 20

When will a judgement take effect

Answer 20

Either
1. Date it is made
2. Later date, if order specifies a different date

Question 21

Judgement entered and claimant has won: next steps in specified claim / unspecified claim

Answer 21

Specified: total award calculated
Unspecified: judge will consider each category of damage in turn and will rule on whether interest will be paid / rate / period

Question 22

If interest is to be paid on damages owed to the claimant, when is this decided

Answer 22

The judge decides this at the time they issue their judgement

Question 23

When is it decided who pays whose costs

Answer 23

1. Generally, unsuccessful party pays successful party costs
2. these are fixed on fast / intermediate track cases
3. multi-track: judge decides who should pay but the amount is determined by a later hearing

Question 24

Multi-track: when might the judge make an order for costs as a part of their judgement (as opposed to at a later hearing)

Answer 24

If the parties already reached an agreement

Question 25

Deadline for paying a costs order

Answer 25

Generally, must be paid within 14 days unless order states otherwise

Question 26

Hostile Witness: definition and effect

Answer 26

1. A witness who is unwilling to support the party that called them so tells lies or refuses to answer (in contrast to their statement), the advocate can ask the judge to declare them a hostile witness
   - - Effect: the advocate can attack their credibility or cross-examine them as if they were a witness for the other side

Question 27

When is permission granted for first time appeals

Answer 27

permission will only be granted when the court considers that the appeal has a real prospect of success or if there is another compelling reason (ie. important question of law that requires a higher court)

Question 28

When will permission for a second appeal be granted

Answer 28

Permission for a second appeal is required from the Court of Appeal itself before the judges hear the case - same criteria as above (prospect of success or other good reason)- but added criteria that the appeal must raise an important point of principle or practice

Question 29

When is a request to appeal generally made

Answer 29

At the end of a trial

Question 30

If a party asks permission to appeal and this permission is denied, do they have any other options?

Answer 30

The party can apply to the appeal court itself with Notice of Appeal and documents in support within 21 days
- Appeal court will usually deal with the request on paper, without a hearing (but if rejected, may ask decision be reconsidered at oral hearing)
- But if it is the Court of Appeal, the judge must list the matter for an oral hearing no later than 14 days after the relevant direction if they decide the application cannot be fairly determined without the parties present

Question 31

Deadline for asking for permission to appeal across the different courts

Answer 31

The aggrieved party has 21 days to appeal against a County Court or High Court decision; and 28 days to apply for leave to appeal from the Court of Appeal to the Supreme Court.

Question 32

Generally, where do appeals go if permission is granted?

Answer 32

The next court up

Question 33

General destination: appeal of a decision from a district judge of the county court

Answer 33

Circuit judge of the county court

Question 34

General destination: appealing a decision by a master or district judge of a high court

Answer 34

High Court Judge

Question 35

General Destination: appealing the decision of a circuit judge (county court)

Answer 35

High Court Judge

Question 36

General destination: appealing the decision of a high court judge

Answer 36

The court of appeal

Question 37

When might a leapfrog appeal be allowed from County Court to Court of Appeal

Answer 37

Permission may be granted where matter raises important point of principle or practice or there is some other compelling reason

Question 38

When might a leapfrog appeal be granted from the high court to the supreme court

Answer 38

If the matter is deemed of significant importance (eg. constitutional law, human rights)

Question 39

Requirements to obtain a leapfrog appeal to Supreme Court

Answer 39

a. grant of a leapfrog certificate by the trial judge and
b. grant of permission to appeal by the Supreme Court

Question 40

On what grounds will the appeal court grant an appeal?

Answer 40

Decision of the lower court was
a. Wrong (as to law, facts, discretion) or
b. unjust because of a serious procedural irregularity