18: Preparations for trial Flashcards
When may the court hold a preliminary hearing in small claims track cases?
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.
How much notice must be given for a preliminary hearing?
Parties must be given 14 days’ notice of the preliminary hearing.
Can the preliminary hearing itself be treated as the final hearing?
Yes, if all parties agree.
What does the hearing fee in a small claims track case depend on?
The amount of money that is being claimed.
What are the range of hearing fees for a small claims track case with the value ranging from £300 - £10,000?
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
What shouldn’t you call the final hearing in small claims track cases?
It is a ‘hearing, not a ‘trial.’
Where are the rules on small claims hearings mainly set out?
Part 27.
Is there a requirement to file a pre-trial checklist in the small claims track?
No, there is no requirement to file a pre-trial checklist (PTC) in the small claims track.
How much notice must be given for the date fixed for the final hearing?
The parties must be given at least 21 days’ notice of the date fixed for the final hearing.
What must a party do if they wish the court to proceed in their absence?
The party must give notice at least 7 days before the hearing.
What happens if only the claimant fails to attend the hearing and there has been no notice?
If only the claimant fails to attend, the claim may be struck out.
What happens if only the defendant fails to attend the hearing and there has been no notice?
If only the defendant fails to attend, the case will be heard on the evidence of the claimant only.
What happens if both parties fail to attend the hearing and there has been no notice?
If both parties fail to attend, the case may be struck out.
Under what conditions may a party apply to set aside a judgment if they failed to attend the hearing?
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
In fast track cases, what is the trial period and how long is it?
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.
How soon should the whole case be concluded in fast track cases?
The whole case should be concluded in 30 weeks.
What happens at the first case management conference (CMC) in multi-track cases?
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.)
What happens at the final case management conference (CMC) in multi-track cases?
It will focus on arrangements for trial and is the pre-trial review (PTR).
What is the pre-trial checklist (PTC) also known as?
The pre-trial checklist (PTC) is also known as a listing questionnaire.
When will the court usually send out PTCs?
The court will usually send out PTCs eight weeks before trial.
How long do parties have to complete and file the PTCs at court?
Two weeks
What is the purpose of the PTC?
The PTC checks whether the case is ready for trial and whether the parties have complied with all directions.
What is the PTC form number?
Form N170 Listing questionnaire (pre-trial checklist)
What is included in the PTC?
- Complied with directions
- List parties/witnesses/expert witnesses and their availability
- Legal representation
- Agreed trial timetable
- Relevant documents, estimate of costs and the fee included.
Can the parties agree to vary the date of returning the PTCs?
No, the date for returning the PTC cannot be varied by the parties by agreement.
What happens if the PTC is not filed on time?
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.
What is the hearing fee for a fast track case?
£545
What is the hearing fee for a multi-track case?
£1,090
What must the parties include in the proposed directions (in the PTC) for trial after they have agreed them?
Parties must include directions about evidence, a trial timetable and time estimate, preparation of a trial bundle, etc.
What will a judge do when they receive the PTCs?
- Fix the trial date
- Give any directions, incl. trial timetable (one of the most important results of PTCs)
In fast and multi track cases, at which point will the judge set a date for the trial?
After the court has dealt with the PTC and any necessary PTR or hearing.
What is the number of the notice of trial date form?
Form N172 Notice of Trial Date (sent from court)
In a fast track case, what is the latest the court can serve a notice of hearing on the parties?
Minimum 3 weeks before the hearing.
What should a legal representative do once they recieve the Notice of Trial Date?
- Note the correct trial venue
- Public hearing not needed?
- Check type of judge
- Trial by jury needed?
- Inform client about trial
- Arrange representation at trial/contact counsel
- Update costs statements
- Update costs info and advice for client
- Review funding cover
- Consider compromise/ADR
Which judge is likely to be on a fast track trial?
A district judge.
In fast track cases, when should the N260 statement of costs be filed?
Minimum 2 days before the trial. No min for multi-track requirement.
What is the form for a witness summons?
N20 Witness Summons
How many copies of a witness summons should be sent to the court if you serve it yourself?
3 copies need to be sent to the court. If the court serves it, only 2 copies are required by the court.
What must happen when parties are unable to agree on the contents of a trial bundle?
They should include a summary of the points on which the parties are unable to agree in the trial bundle.
Whose responsibility is it to create the trial bundle?
The claimant’s legal representative
If a witness or expert fails to attend trial after a witness summons, what can happen in the courts?
They can be fined in the County Court.
They can be found to be in contempt of court in the High Court.
What types of copies are admissible as evidence, I.e. can be authenticated?
Carbon copies, photocopies, and printouts are admissible.
How can a party challenge the authenticity of a disclosed document?
By giving notice to the other party requiring them to prove the authenticity of the document.
What is a Notice to Admit Facts?
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.
What is the timeline for serving a Notice to Admit Facts?
It must be served not less than 21 days before the trial.
What must a recipient do if they wish to admit facts specified in the notice?
They should serve a written admission within seven days of receiving the notice.
What happens if a recipient does not serve an admission of any facts mentioned in the notice?
They may be liable for the costs of proving such facts.
What core documents should be included in a trial bundle under PD 32?
- 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.
What is the form for notice to admit facts?
Form N266 Notice to admit facts / admission of facts
How should documents be organized in the trial bundle?
Documents should be placed in chronological order, and in one bundle if possible. They should be copied double-sided and page-numbered continuously.
What should be done if the total number of pages in the trial bundle exceeds 100?
Numbered dividers should be placed at intervals between groups of documents.
What must be prepared for each bundle?
An index that describes each document and identifies the page numbers.
When should the trial bundle be filed at court?
Not more than 7 days and not less than 3 days before the trial.
Who should receive identical bundles of the trial bundle?
All parties to the proceedings and the witnesses.
What should the case summary in the trial bundle include?
Matters in issue, a brief chronology, issues of fact agreed upon, those in dispute, and the evidence required at trial.
What is the word limit for a case summary in a fast track case?
250 words.
What is the word limit for a case summary in a multi-track case?
500 words.
What happens if the defendant is absent at the hearing?
The case will be heard on the claimant’s evidence, leading to judgment.
What happens if the claimant is absent at the hearing?
The claim may be struck out.
What happens if both parties are absent at the hearing?
The case may be struck out.
What follows after the judge hears witness evidence and cross-examination?
Judgment.
What are the options after a judgment if the defendant does not comply?
Appeal or enforcement action.
What is the purpose of a chronology in the trial bundle?
To set out the dates of key events in the dispute, cross-referenced to the trial bundle.
What is included in a list of issues to be tried?
The main issues in dispute between the parties, the propositions of law to be made, and a list of authorities to be cited.
What should be included in a trial timetable?
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
When must skeleton arguments be filed and exchanged?
At least 3 days before the trial by email.
What are the usual court hours for a trial?
Between 10.00 am and 4.00 pm on each court day.
What is the purpose of setting a trial timetable?
To manage the limited time available for trial effectively.
What should be done prior to the trial to prepare with clients and witnesses?
Meet early and ensure a conference room is available for discussions before the trial commences.
What can a party do if they are unable to attend the hearing?
Apply for an adjournment if there is a good reason, such as ill health.
Can the court proceed without a hearing?
Yes, if all parties agree and the judge deems it appropriate, based on written evidence/documents.
How is judgment usually delivered in straightforward trials?
Judgment is likely to be given immediately after closing submissions.
When does a judgment take effect, and what is the compliance time for payment?
The judgment takes effect from the day it is given, and payment must be complied with within 14 days unless stated otherwise.
When does interest on costs run from?
From the date on which judgment was given.
How are costs typically assessed in fast track cases?
By summary assessment, with the usual order that the loser pays the winner’s costs on the standard basis.
Where should initial permission to appeal be sought?
From the trial judge.
What can an unsuccessful party apply for regarding the judgment?
A stay of execution pending an appeal.
Who usually draws up the judgment order?
The court, though parties may be asked to do so.
What should claimant’s lawyers prepare before trial?
Trial bundles, case summaries, and lists of issues.
What is the part that deals with drawing up orders and judgments?
Part 40.
