10. Trials and Appeals Flashcards
Where should details of the witness’s availability be inputted?
- Directions’ Questionnaire
- Pre-trial checklists as case approaches final hearing
Timeline for serving a witness summons
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
What is a witness summons
A document issued by the court requiring the witness to attend court / give evidence or provide documents to the court
Consequences for failing to comply with a Witness Summons
Witness may be fined or (in high court) imprisoned for contempt of court
Requirements for a witness summons to be binding on a witness
- adhere to notice timeline and
- offer witness money for travel expenses and compensation for loss of time
Deadline for filing pre-trial checklists
Completed checklists must be filed at court no later than 8 weeks prior to trial
After the pre-trial checklist is filed, what may the judge do?
- may decide further directions are needed
- may decide review hearing is necessary before trial
‘Review Hearing’ on the different tracks
Listing hearing - fast track
Pre-trial review on intermediate / multi
Cases which will likely have pre-trial review
Cases expected to last longer than 10 days
What happens if neither party files their pre-trial checklists before the deadline?
- Court will order one must be filed in 7 days and if it is not
- claim / defence and counterclaim struck out
What happens if one party files their pre-trial checklist and the other does not
If one party fails to complete, the court will fix a hearing to ensure the case is ready for trial
What will court do after it has received the pre-trial checklists and conducted any necessary pre-trial reviews?
- gives time estimate / timetable for trial
- fixes trial venue
- confirms actual date of trial / week
- order trial bundle of documents
Who prepares the trial bundle
The claimant’s representative
When must a trial bundle be filed
Between 7 and 3 days before the trial
What is included in the trial bundle
ALL key documents:
- claim form / statements of case
- case summary
- requests for further info
- witness statements
- experts’ reports
- direction orders
Serving requirements for the trial bundle
Party filing the bundle should supply identical copies to other parties in the proceedings and for witnesses
Multi-track: what pre-trial document must be prepared IN ADDITION to the trial bundle
Case Summary
Purpose of the Case Summary in multi-track cases
- review party’s submissions of fact in relation to each issue with reference to evidence
- set out any propositions of law to be relied upon; and
- identify any key documents that the trial judge should, if possible, read before the trial starts
Is the claimant automatically entitled to make an opening speech
No, must be permitted by the judge
When will a judgement take effect
Either
1. Date it is made
2. Later date, if order specifies a different date
Judgement entered and claimant has won: next steps in specified claim / unspecified claim
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
If interest is to be paid on damages owed to the claimant, when is this decided
The judge decides this at the time they issue their judgement
When is it decided who pays whose costs
- Generally, unsuccessful party pays successful party costs
- these are fixed on fast / intermediate track cases
- multi-track: judge decides who should pay but the amount is determined by a later hearing
Multi-track: when might the judge make an order for costs as a part of their judgement (as opposed to at a later hearing)
If the parties already reached an agreement
Deadline for paying a costs order
Generally, must be paid within 14 days unless order states otherwise
Hostile Witness: definition and effect
- 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
When is permission granted for first time appeals
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)
When will permission for a second appeal be granted
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
When is a request to appeal generally made
At the end of a trial
If a party asks permission to appeal and this permission is denied, do they have any other options?
The party can apply to the appeal court itself with Notice of Appeal and documents in support within 21 days of original decision (with fee)
- 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
Deadline for asking for permission to appeal across the different courts
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.
Generally, where do appeals go if permission is granted?
The next court up
General destination: appeal of a decision from a district judge of the county court
Circuit judge of the county court
General destination: appealing a decision by a master or district judge of a high court
High Court Judge
General Destination: appealing the decision of a circuit judge (county court)
High Court Judge
General destination: appealing the decision of a high court judge
The court of appeal
When might a leapfrog appeal be allowed from County Court to Court of Appeal
Permission may be granted where matter raises important point of principle or practice or there is some other compelling reason
When might a leapfrog appeal be granted from the high court to the supreme court
If the matter is deemed of significant importance (eg. constitutional law, human rights)
Requirements to obtain a leapfrog appeal to Supreme Court
a. grant of a leapfrog certificate by the trial judge and
b. grant of permission to appeal by the Supreme Court
On what grounds will the appeal court grant an appeal?
Decision of the lower court was
a. Wrong (as to law, facts, discretion) or
b. unjust because of a serious procedural irregularity
Appealing from the High Court: notice requirements and respondent’s ability to respond
- Appealing party should serve notice of appeal on the other party no later than 7 days after filing the application
- R can file and serve their own notice within 14 days of receiving appellant’s notice
As a part of the application - does an individual appealing from the High Court need to include any indication of their intended argument?
The Court will need to see the appellant’s grounds for appeal and a skeleton argument, as a bare minimum.
