Civil Trial and Evidence

Question 1

What is the consequence of both parties failing to attend trial?

Answer 1

• may strike out whole of proceedings
• if C does not attend, may strike out claim/defence to CC
• if D does not attend, may strike out defence or CC

Question 2

How would a party get relief from sanctions for strike out/judgment

Answer 2

• struck out proceedings may be restored
• may apply for judgment to be set aside/varied
  supported by evidence
  will be granted if
• acted promptly
• had good reason for missing trial
• has reasonable prospect of success at trial

Question 3

Why are WSs used as XIC?

Answer 3

time saving

Question 4

When might a party wish to amplify their statement?

Answer 4

events have occurred/facts discovered since WS filed

Question 5

When must notice of hearesay be given? and how?

Answer 5

• where own witness cannot attend trial in person / statement will be referred to in WS of an attending witness

must give notice and reasons (and ID evidence if not own)NLT than latest date for filng WSs - supply copy if requested

• where wishing to rely on another party’s Witness where they have not been called and do not intend to call them

apply NLT 14 days after notice of hearsay received

Question 6

What is the meaning of ‘failure to attend’?

Answer 6

• if solicitor present - party in attendance - unless ordered to attend in person

Question 7

What does hearsay mean?

Answer 7

a statement made, otherwise than the person giving oral evidence in proceedings.

Question 8

Where a party proposes to rely on hearsay evidence, does not propose to call OG witness in hearsay WS and wishes to call evidence to attack credibility of hearsay must…

Answer 8

..give notice of intention to do so - not more than 14 days after notice of intent to rely on hearsay evidence served