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Dispute Resolution > 6. Preparations for trial, trial procedure, trial costs and appeals > Flashcards

6. Preparations for trial, trial procedure, trial costs and appeals Flashcards

1
Q

When should a witness summons be sought?

A

If there is any doubt as to whether a witness will attend court

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2
Q

When should a witness summons be served by?

A

At least 7 days before date on which they’re required to attend court

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3
Q

What happens if a witness fails to attend court following a summons?

A

They may be fined, or imprisoned (High Court only)

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4
Q

What must a witness be offered in order for a witness summons to be effective?

A

To be paid a reasonably sufficient sum to cover expenses travelling to and from the court, and compensation for loss of time

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5
Q

What should a witness summons include?

A

The witness’ name and address

Address of court where witness is to attend and the date and time

Confirm that witness is summoned to give evidence

State amount that will be included to cover travelling expenses to and from the court and compensation for loss of time

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6
Q

Which tracks require pre-trial checklists?

A

Fast and multi-track only

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7
Q

When must pre-trial checklists be filed at court?

A

No later than 8 weeks before trial date

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8
Q

If neither party comply with filing pre-trial checklist within specified time, what will the court order?

A

That the checklist is filed within 7 days of the claim / counter-claim / defence will be struck out

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9
Q

What will the court order if one party fails to file the pre-trial checklist in time?

A

A hearing to ensure the case is ready for trial

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10
Q

When should a trial bundle be filed?

A

Between 7 and 3 days before the start of trial

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11
Q

Which party is responsible for preparing the trial bundle and what should it contain?

A

Claimant

Must contain all key documents in claim

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12
Q

Who must the Claimant supply the trial bundle to?

A

Court
Identical copies to all other parties and for use by witnesses

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13
Q

What track requires a case summary for use at trial?

A

Multi- track

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14
Q

What is the purpose of a case summary?

A

The assist court by indicating points still in issue and nature of the argument about the disputed matters

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15
Q

What may a party request that the court do for hostile or unfavourable witnesses?

A

Ask the judge to declare them a hostile witness, which allows the advocate to attack witness’ credibility or cross-examine them as if they were a witness for the other side

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16
Q

What type of questions must be asked in re-examinations of witnesses?

A

Open questions

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17
Q

What restriction is there on what matters can be raised in re-examinations?

A

Only matters which were raised by the cross-examination

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18
Q

When will an appeal be given?

A

When the court considers that the appeal has a real prospect of success or there is some other compelling reason why it should be heard

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19
Q

Asides from prospect of success/ compelling reason, what else is required if an appeal is to the Court of Appeal or to the Supreme Court?

A

Case must raise an important point of principle or practice

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20
Q

When is a request for appeal most commonly made?

A

At the end of the trial, and the judge will decide whether to grant permission

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21
Q

If the trial judge does not grant permission for an appeal, what else can the party do?

A

Apply for permission from appeal court itself

22
Q

How long does a party have to appeal against a County Court or High Court decision?

A

21 days

23
Q

How long does a party have to appeal for leave to appeal from the Court of Appeal to the Supreme Court?

A

28 days

24
Q

Where would an appeal be made to for a decision by a District judge of the County Court?

A

Circuit judge of the County Court

25
Q

Where would an appeal be made to for a decision by a master or district judge of the High Court?

A

High Court judge

26
Q

Where would an appeal be made to for a decision by a Circuit judge?

A

High Court judge

27
Q

Where would an appeal be made to for a decision by a High Court judge?

A

Court of Appeal

28
Q

In a leapfrog appeal, where would an appeal which would normally take place in the County of High Court go to?

A

The Court of Appeal

29
Q

In a leapfrog appeal, where would an appeal which would normally take place in the Court of Appeal go to?

A

The Supreme Court

30
Q

When may a leapfrog appeal be granted?

A

Where the matter raises an important point of principle or practice

Case involves point of law of general public importance

31
Q

What are the two possible grounds which the appellant need to persuade the appeal court are relevant for their case?

A
  1. Wrong (as to law, interpretation of facts or exercise of discretion), or
  2. Unjust because of a serious procedural irregularity in the proceedings
32
Q

What is a costs budget and when is it filed?

A

Before CMC, parties file costs budget setting out costs incurred to date and those anticipated in future

33
Q

What is a cost management order?

A

Order in which court will record the extent to which the budgets are agreed between the parties, or if not agreed will record the court’s approval of a budget after revisions made

34
Q

When would the court depart from budgeted costs?

A

If persuaded there is a good reason to do so, e.g. cots of a phase were not incurred at all, or must less than budgeted

35
Q

Are legal costs recoverable on small claims track?

A

No - so costs payable will only relate to disbursements

36
Q

How will costs be assessed generally on fast track?

A

Summarily assessed

37
Q

How will costs be assessed on multi-track?

A

Detailed assessment of the costs will be carries out

38
Q

How are counsel fees assessed on all tracks and what does this mean?

A

They are fixed fee - this is only on the advocate who prepares and appears at trial, and is separate to the arrangement between the party and their lawyers

39
Q

What is a summary assessment of costs?

A

The court make an assessment based on each party’s statement of costs at the conclusion of the trial

Applicable for fast track trial, or any other hearing that has not lasted more than 1 day

40
Q

When must parties file and serve a statement of costs by?

A

No less than 2 days before a fast-track trial

At least 24 hours before an interim hearing

41
Q

What is a Notice of Commencement?

A

A report of detailed assessment of the cost of proceedings, sent by the receiving party following judgement, when the court cannot make a summary assessment of costs

42
Q

What else is served with a Notice of Commencement?

A

The receiving party’s bill of costs and evidence in support

43
Q

What is the time frame for the receiving party to serve a Notice of Commencement of detailed assessment proceedings upon the paying party?

A

Within 3 months of date of judgment

44
Q

What happens if the paying party wish to challenge the bill of costs received from the receiving party?

A

They have 21 days to serve points of dispute

45
Q

What happens if the paying party disputes a bill as part of the detailed assessment?

A

The receiving party has 21 days to file a reply, and must then file a request for an assessment hearing within 3 months of the expiry of the period for commencing detailed assessment proceedings

46
Q

In assessing costs on the standard basis, what will be considered?

A
  1. Is the item reasonably incurred
  2. Is the item reasonable in amount
  3. Is the total figure for each phase PROPORTIONATE so that it bears a reasonable relationship to the matter
47
Q

When assessing costs on the standard basis, if there is any doubt, which party’s favour is this resolved in?

A

The paying party’s favour

48
Q

When would costs be assessed on the indemnity basis?

A

As a penalty, usually to reflect the court’s displeasure with the manner in which a party has behaved either pre-action and/or during proceedings

49
Q

How do the courts assess the costs on an indemnity basis?

A

Must be reasonably incurred, and reasonable in amount

(Proportionality is not considered)

50
Q

When assessing costs on the indemnity basis, if there is any doubt, which party’s favour is this resolved in?

A

The receiving party’s favour

Dispute Resolution (7 decks)

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