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Dispute Resolution > 18: Preparations for trial > Flashcards

18: Preparations for trial Flashcards

1
Q

When may the court hold a preliminary hearing in small claims track cases?

A

Only where special directions, in addition to standard directions, are required to ensure a fair hearing and/or necessary to ensure the parties understand compliance.

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2
Q

How much notice must be given for a preliminary hearing?

A

Parties must be given 14 days’ notice of the preliminary hearing.

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3
Q

Can the preliminary hearing itself be treated as the final hearing?

A

Yes, if all parties agree.

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4
Q

What does the hearing fee in a small claims track case depend on?

A

The amount of money that is being claimed.

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5
Q

What are the range of hearing fees for a small claims track case with the value ranging from £300 - £10,000?

A

Under £300: £35
£300 - 500: £50
£500 - 1,000: £70
£1,000 - 1,500: £80
£1,500 - £3,000: £115
£3,000 - 5,000: £205
£5,000 - £10,000: £455

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6
Q

What shouldn’t you call the final hearing in small claims track cases?

A

It is a ‘hearing, not a ‘trial.’

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7
Q

Where are the rules on small claims hearings mainly set out?

A

Part 27.

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8
Q

Is there a requirement to file a pre-trial checklist in the small claims track?

A

No, there is no requirement to file a pre-trial checklist (PTC) in the small claims track.

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9
Q

How much notice must be given for the date fixed for the final hearing?

A

The parties must be given at least 21 days’ notice of the date fixed for the final hearing.

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10
Q

What must a party do if they wish the court to proceed in their absence?

A

The party must give notice at least 7 days before the hearing.

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11
Q

What happens if only the claimant fails to attend the hearing and there has been no notice?

A

If only the claimant fails to attend, the claim may be struck out.

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12
Q

What happens if only the defendant fails to attend the hearing and there has been no notice?

A

If only the defendant fails to attend, the case will be heard on the evidence of the claimant only.

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13
Q

What happens if both parties fail to attend the hearing and there has been no notice?

A

If both parties fail to attend, the case may be struck out.

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14
Q

Under what conditions may a party apply to set aside a judgment if they failed to attend the hearing?

A

The application to set aside judgment must be made within 14 days after it was served, and the party must show:
1. they had a good reason for not attending/failing to give notice and,
2. they have a reasonable prospect of success

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15
Q

In fast track cases, what is the trial period and how long is it?

A

It is the window within which the trial date will be fixed and is decided when the court gives standard case management directions. It should not exceed 3 weeks.

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16
Q

How soon should the whole case be concluded in fast track cases?

A

The whole case should be concluded in 30 weeks.

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17
Q

What happens at the first case management conference (CMC) in multi-track cases?

A

The court will focus on arrangements for trial and set a pre-trial review (PTR) - (it is often too early for the court to fix a trial period.)

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18
Q

What happens at the final case management conference (CMC) in multi-track cases?

A

It will focus on arrangements for trial and is the pre-trial review (PTR).

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19
Q

What is the pre-trial checklist (PTC) also known as?

A

The pre-trial checklist (PTC) is also known as a listing questionnaire.

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20
Q

When will the court usually send out PTCs?

A

The court will usually send out PTCs eight weeks before trial.

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21
Q

How long do parties have to complete and file the PTCs at court?

A

Two weeks

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22
Q

What is the purpose of the PTC?

A

The PTC checks whether the case is ready for trial and whether the parties have complied with all directions.

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23
Q

What is the PTC form number?

A

Form N170 Listing questionnaire (pre-trial checklist)

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24
Q

What is included in the PTC?

A
  1. Complied with directions
  2. List parties/witnesses/expert witnesses and their availability
  3. Legal representation
  4. Agreed trial timetable
  5. Relevant documents, estimate of costs and the fee included.
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25
Q

Can the parties agree to vary the date of returning the PTCs?

A

No, the date for returning the PTC cannot be varied by the parties by agreement.

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26
Q

What happens if the PTC is not filed on time?

A

If the PTC is not filed on time, the court may order that unless it is filed within 7 days, they will strike out the claim, defence, or any counterclaim.

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27
Q

What is the hearing fee for a fast track case?

A

£545

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28
Q

What is the hearing fee for a multi-track case?

A

£1,090

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29
Q

What must the parties include in the proposed directions (in the PTC) for trial after they have agreed them?

A

Parties must include directions about evidence, a trial timetable and time estimate, preparation of a trial bundle, etc.

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30
Q

What will a judge do when they receive the PTCs?

A
  • Fix the trial date
  • Give any directions, incl. trial timetable (one of the most important results of PTCs)
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31
Q

In fast and multi track cases, at which point will the judge set a date for the trial?

A

After the court has dealt with the PTC and any necessary PTR or hearing.

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32
Q

What is the number of the notice of trial date form?

A

Form N172 Notice of Trial Date (sent from court)

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33
Q

In a fast track case, what is the latest the court can serve a notice of hearing on the parties?

A

Minimum 3 weeks before the hearing.

34
Q

What should a legal representative do once they recieve the Notice of Trial Date?

A
  1. Note the correct trial venue
  2. Public hearing not needed?
  3. Check type of judge
  4. Trial by jury needed?
  5. Inform client about trial
  6. Arrange representation at trial/contact counsel
  7. Update costs statements
  8. Update costs info and advice for client
  9. Review funding cover
  10. Consider compromise/ADR
35
Q

Which judge is likely to be on a fast track trial?

A

A district judge.

36
Q

In fast track cases, when should the N260 statement of costs be filed?

A

Minimum 2 days before the trial. No min for multi-track requirement.

37
Q

What is the form for a witness summons?

A

N20 Witness Summons

38
Q

How many copies of a witness summons should be sent to the court if you serve it yourself?

A

3 copies need to be sent to the court. If the court serves it, only 2 copies are required by the court.

39
Q

What must happen when parties are unable to agree on the contents of a trial bundle?

A

They should include a summary of the points on which the parties are unable to agree in the trial bundle.

40
Q

Whose responsibility is it to create the trial bundle?

A

The claimant’s legal representative

41
Q

If a witness or expert fails to attend trial after a witness summons, what can happen in the courts?

A

They can be fined in the County Court.
They can be found to be in contempt of court in the High Court.

42
Q

What types of copies are admissible as evidence, I.e. can be authenticated?

A

Carbon copies, photocopies, and printouts are admissible.

43
Q

How can a party challenge the authenticity of a disclosed document?

A

By giving notice to the other party requiring them to prove the authenticity of the document.

44
Q

What is a Notice to Admit Facts?

A

A procedure under r32.18 where a party asks the opponent to admit the truth of facts to save the cost and time of proving them.

45
Q

What is the timeline for serving a Notice to Admit Facts?

A

It must be served not less than 21 days before the trial.

46
Q

What must a recipient do if they wish to admit facts specified in the notice?

A

They should serve a written admission within seven days of receiving the notice.

47
Q

What happens if a recipient does not serve an admission of any facts mentioned in the notice?

A

They may be liable for the costs of proving such facts.

48
Q

What core documents should be included in a trial bundle under PD 32?

A
  • claim form
  • all statements of case
  • a case summary and/or chronology
  • requests for further information
  • all witness statements to be relied on as evidence
  • witness summaries
  • notices of intention to rely on hearsay evidence
  • notices of intention to rely on other evidence
  • medical reports
  • experts’ reports
  • any order giving directions for the trial.
49
Q

What is the form for notice to admit facts?

A

Form N266 Notice to admit facts / admission of facts

50
Q

How should documents be organized in the trial bundle?

A

Documents should be placed in chronological order, and in one bundle if possible. They should be copied double-sided and page-numbered continuously.

51
Q

What should be done if the total number of pages in the trial bundle exceeds 100?

A

Numbered dividers should be placed at intervals between groups of documents.

52
Q

What must be prepared for each bundle?

A

An index that describes each document and identifies the page numbers.

53
Q

When should the trial bundle be filed at court?

A

Not more than 7 days and not less than 3 days before the trial.

54
Q

Who should receive identical bundles of the trial bundle?

A

All parties to the proceedings and the witnesses.

55
Q

What should the case summary in the trial bundle include?

A

Matters in issue, a brief chronology, issues of fact agreed upon, those in dispute, and the evidence required at trial.

56
Q

What is the word limit for a case summary in a fast track case?

A

250 words.

57
Q

What is the word limit for a case summary in a multi-track case?

A

500 words.

58
Q

What happens if the defendant is absent at the hearing?

A

The case will be heard on the claimant’s evidence, leading to judgment.

59
Q

What happens if the claimant is absent at the hearing?

A

The claim may be struck out.

60
Q

What happens if both parties are absent at the hearing?

A

The case may be struck out.

61
Q

What follows after the judge hears witness evidence and cross-examination?

A

Judgment.

62
Q

What are the options after a judgment if the defendant does not comply?

A

Appeal or enforcement action.

63
Q

What is the purpose of a chronology in the trial bundle?

A

To set out the dates of key events in the dispute, cross-referenced to the trial bundle.

64
Q

What is included in a list of issues to be tried?

A

The main issues in dispute between the parties, the propositions of law to be made, and a list of authorities to be cited.

65
Q

What should be included in a trial timetable?

A

Opening speeches - if required and how long
Witnesses - how many to be called and if likely to be cross-examined
Witness evidence that is agreed
Closing speeches

66
Q

When must skeleton arguments be filed and exchanged?

A

At least 3 days before the trial by email.

67
Q

What are the usual court hours for a trial?

A

Between 10.00 am and 4.00 pm on each court day.

68
Q

What is the purpose of setting a trial timetable?

A

To manage the limited time available for trial effectively.

69
Q

What should be done prior to the trial to prepare with clients and witnesses?

A

Meet early and ensure a conference room is available for discussions before the trial commences.

70
Q

What can a party do if they are unable to attend the hearing?

A

Apply for an adjournment if there is a good reason, such as ill health.

71
Q

Can the court proceed without a hearing?

A

Yes, if all parties agree and the judge deems it appropriate, based on written evidence/documents.

72
Q

How is judgment usually delivered in straightforward trials?

A

Judgment is likely to be given immediately after closing submissions.

73
Q

When does a judgment take effect, and what is the compliance time for payment?

A

The judgment takes effect from the day it is given, and payment must be complied with within 14 days unless stated otherwise.

74
Q

When does interest on costs run from?

A

From the date on which judgment was given.

75
Q

How are costs typically assessed in fast track cases?

A

By summary assessment, with the usual order that the loser pays the winner’s costs on the standard basis.

76
Q

Where should initial permission to appeal be sought?

A

From the trial judge.

77
Q

What can an unsuccessful party apply for regarding the judgment?

A

A stay of execution pending an appeal.

78
Q

Who usually draws up the judgment order?

A

The court, though parties may be asked to do so.

79
Q

What should claimant’s lawyers prepare before trial?

A

Trial bundles, case summaries, and lists of issues.

80
Q

What is the part that deals with drawing up orders and judgments?

A

Part 40.

Dispute Resolution (20 decks)

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