11 Trial, appeals and enforcement of money judgements Flashcards
What is the pre-trial checklist?
On the fast and multi-tracks, pre-trial checklists (also known as listing questionnaires) play a vital role and must be completed fully by the parties.
* Purpose: to ensure the parties have complied with all the directions and the trial is ready to proceed.
* Timing: the completed pre- trial checklist must be filed at court no later than 8 weeks before the trial date.
* Role: the judge will review the checklists to decide whether further directions are needed and whether a review hearing is necessary before the trial. This is referred to as a listing hearing on the fast track and a pre-trial review on the multi-track.
* Failure to comply: if neither party comply, the court will order that unless a completed checklist is filed within 7 days, the claim, defence and counterclaim will be struck out; if only one party does, the court will fix a hearing to ensure the case is ready for the trial.
What is the pre-trial review?
What is the trial bundle?
A trial bundle is an indexed and paginated file of documents that contains all documents which are to be referred to by any party at trial. There is only one trial bundle for the whole matter.
How are trial bundles dealt with in practice?
- Who: the claimant is responsible for preparing the trial bundle but the contents should be agreed wherever possible.
- When: the bundle must be filed with the court between 7and 3 days before the start of the trial.
- What: the trial bundle should include the key documents, for example:
∘ the claim form and all statements of case;
∘ a case summary and/or chronology where appropriate;
∘ requests for further information and responses;
∘ witness statements;
∘ notices of intention to rely on hearsay evidence;
∘ experts’ reports and responses;
∘ directions orders; and
∘ any other necessary documents containing evidence that a party intends to rely on.
What are the stages of a typical trial?
1 Preliminary issues
2 Opening speeches
3 Examination-in-chief
4 Cross-examination
5 Re-examination
6 Closing speeches
7 Judgment
Examination-in-chief
Cross-examination
Re-examination
Non-leading questions
Leading questions
The nature and effect of a judgment
The judge will either deliver their judgment immediately or (if the case is complex) reserve judgment to a later date. The judgment will take effect on the day it is made unless the order specifies a different date.
The effect of the judgment is to bring the main proceedings to a conclusion. The judge will begin by determining liability, specifically whether the claimant has established their cause of action (for e.g. breach of contract or negligence) before going on to review the evidence and to provide reasons for their decision.
If the defendant has won, this will be the end of the substantive proceedings. However, if the claimant has been successful, the court will need to consider what remedies to grant and this will usually be the payment of a sum of money (quantum).
In a specified claim, the total will be calculated, whereas in an unspecified claim the judge will consider each category of
damage that the party is claiming in turn. The judge will also rule on whether interest will be paid, the rate and for what period.
Finally, there is the question of costs. The general rule is that the unsuccessful party will be ordered to pay the costs of the successful party, although the court may make a different order.
At the end of a fast track trial, the judge will also summarily assess the amount payable.
In contrast, at the conclusion of a multi- track trial, the judge will only determine who should pay costs and the amount will be determined at a later hearing (known as a detailed assessment), unless agreement can be reached between the parties.
Grounds for appeal
The court must consider that:
∘ the appeal has a real prospect of success, or
∘ there is some other compelling reason why the appeal should be heard
Time limits to appeals
County Court or High Court: 21 days
CoA: 28 days
