14. Trial Flashcards

1
Q

If a case is settled before trial, other than via a Part 36 Order (discussed further on), what must the parties do?

A

Record the terms of the agreement in writing in an appropriately worded consent order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the usual order used to record settlement and what is the consequence of not using an order?

A

Tomlin Order.

If no order is used, there is no enforceable obligation regarding (i.e. automatic right to) payment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the two parts of a Tomlin Order?

A
  1. The order, which confirms the parties have agreed settlement and that the case is stayed pending the settlement terms being carried out, and
  2. A schedule confirming the amount to be paid, by whom, and by what date
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When do pre-trial hearings take place?

A

At least 10 weeks before trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the parties required to file and serve ahead of the pre-trial hearing?

A

A case summary (agreed where possible) together with a list of issues

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the maximum word count for the case summary?

A

500 words

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What three things should the case summary clearly specify?

A
  1. Issues of fact
  2. What is in dispute
  3. Synopsis of the evidence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How many copies of a witness summons must a party give to the court, per witness, if the court is serving the witness?

A

Two summonses per witness. One for service, and one for the court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is conduct money, and what is the maximum payable?

A

An appropriate sum, with a maximum of £67, sent to a witness to cover their expenses in attending and compensating them for lost time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the effect of conduct money not being included in the summons?

A

The summons is not effective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

For a witness summons to be effective, how long before trial must it be served on the witness?

A

7 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

How many trial bundles should the claimant’s solicitor prepare, and who bears the expense of this?

A

The claimant’s solicitor must prepare one bundle each for each party, a witness copy, and a court copy. The claimant bears the expense of this

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Within what time period before trial should the trial bundles be filed?

A

Between 3 and 7 days before trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

In what two circumstances will court permission be required to discontinue a case?

A
  1. Court has granted an interim injunction
  2. Claimant has received an interim payment (unless paying party consents)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

From a cost perspective, what is the consequence for the claimant of discontinuing a case?

A

They are liable to pay the defendant’s costs up until that point (subject to cost shifting, discussed in chapter 16)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly