Dispute Resolution - Trial

Question 1

Settlement

Answer 1

Terms should be recorded in consent order - otherwise no automatic right to payment

Usually a Tomlin order- if terms of settlement not implemented parties can re-open proceedings rather than commence fresh set of proceedings

Question 2

Pre-hearing review

Answer 2

Listed four weeks before trial

Question 3

Attendance of Witnesses

Answer 3

If witness does not attend court, less weight will be attributed to their evidence as it is hearsay

Witnesses can be summonsed to attend - if they don’t attend they are in contempt. Summons needs to be served 7 days before trial

• Party needs to send a summons to the court for each witness, court fee and an appropriate sum (‘conduct money’) for travel to court and lost wages. Maximum amount payable if period exceeds 4 hours is £67.00

Question 4

Trial Bundle

Answer 4

Will include statements of case, key disclosures, witness statements and expert evidence

Consolidated in a single bundle

Claimant’s solicitor prepares 6 trial bundles and claimant bears expense

Question 5

Trial process

Answer 5

• Claimant makes opening submissions
• Defendant makes opening submissions
• Claimant presents witnesses
• Defendant cross-examines Claimant’s witnesses
• Claimant may re-examine
• Claimant presents experts, if any
• Defendant then presents witnesses, etc, in same wau
• Each side then closes, with claimant going first

Question 6

Judgment

Answer 6

Usually given after the trial unless judgment is reserved

If judgment reserved court will list a further hearing to hand down judgment

Question 7

Pre-trial review case summary

Answer 7

Written report of no more than 500 words that the parties give to the court at the pre-trial review that summarises the facts involved, explains what is agreed and disagreed by the parties, and provides a synopsis of the evidence that will be required at trial

Question 8

Stay of execution

Answer 8

If the losing party intends to appeal the decision they may request a stay of execution of the judgment order (i.e. a delay in enforcing the order)

Question 9

Notice of discontinuance

Answer 9

If claimant wishes to discontinue claim before trial

Certain situations require permission of the court

Claimant liable to pay defendant’s costs