14. Trial

Question 1

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

Answer 1

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

Question 2

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

Answer 2

Tomlin Order.

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

Question 3

What are the two parts of a Tomlin Order?

Answer 3

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

Question 4

When do pre-trial hearings take place?

Answer 4

At least 10 weeks before trial

Question 5

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

Answer 5

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

Question 6

What is the maximum word count for the case summary?

Answer 6

500 words

Question 7

What three things should the case summary clearly specify?

Answer 7

1. Issues of fact
2. What is in dispute
3. Synopsis of the evidence

Question 8

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

Answer 8

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

Question 9

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

Answer 9

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

Question 10

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

Answer 10

The summons is not effective

Question 11

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

Answer 11

7 days

Question 12

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

Answer 12

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

Question 13

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

Answer 13

Between 3 and 7 days before trial

Question 14

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

Answer 14

1. Court has granted an interim injunction
2. Claimant has received an interim payment (unless paying party consents)

Question 15

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

Answer 15

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