Chapter 13: Trial, enforcement and appeals

Question 1

Which document needs to be completed prior to trial and what does the court give after this has been filed?

Answer 1

Form N170 (the listing questionnaire) and the court responds with listing directions as to date/place/length of trial

Question 2

When does the claimant need to file the trial bundle by?

Answer 2

Within seven days but no less than three days before the trial

Question 3

Who should the claimant file the trial bundle with?

Answer 3

Court, each of the parties and any witnesses

Question 4

What extra requirement is there for a claimant/Counsel’s clerk to do in all High Court cases?

Answer 4

Submit a reading list with the trial bundles with an estimate of the reading time for the judge. Counsel prepares skeleton arguments and the clerk lodges this at court and exchanges it with the other side. A list of authorities must be submitted to the court by 5pm the day before the hearing

Question 5

What is the sequence of events at trial?

Answer 5

Claimant’s opening speech, claimant’s case, defendant’s case, defendant’s closing speech and then claimant’s closing speech

Question 6

Explain what happens during the claimant’s opening speech

Answer 6

Describe nature of claim and the issues by reference to statements of case, statements of issues and key documents

Question 7

Explain what happens during the claimant’s case

Answer 7

Evidence called: witness evidence and witness statement (evidence-in-chief), real evidence and documentary evidence

Question 8

What stages does a witness have to go through?

Answer 8

Witness takes the stand and confirms it is their evidence. Witness is then cross-examined by the defendant’s counsel (leading qs) and then re-examined by claimant’s counsel to re-examine on matters covered in the cross-examination (no leading qs)