DR 14

Question 1

If a case is settled before trial, other than via a Part 36 Order, what must the parties do?

Answer 1

Record the terms of the agreement in writing in an appropriately worded consent order which the court will issue.This is required to make the agreement enforceable

Question 2

What is the usual order used to record settlement and what is the benefit of it?

Answer 2

• A consent order called a Tomlin order* It includes a stay of proceedings so if a party defaults on the terms, proceedings can pick up where they left off (there is no need to file new proceedings)

Question 3

What are the two parts of a Tomlin Order?

Answer 3

1. The order, which confirms the parties have agreed settlement and that the case is stayed pending the settlement terms being carried out, and2. A schedule confirming the amount to be paid, by whom, and by what date

Question 4

When do pre-trial hearings take place in a multi-track case?

Answer 4

At least 10 weeks before trial

Question 5

What happens at a pre-trial review hearing?

Answer 5

The judge will set:* The timetable for the trial* The number of experts who may give evidence; and* The number of witnesses who may give evidence

Question 6

What are the parties required to file and serve ahead of the pre-trial hearing?

Answer 6

A case summary (agreed where possible) together with a list of issues

Question 7

What is the maximum word count for the case summary?

Answer 7

500 words

Question 8

What three things should the case summary clearly specify?

Answer 8

1. Issues of fact (agreed and in dispute)2. Synopsis of the evidence they believe to be required at trial

Question 9

What is the written title and abbreviated written title of each of the following:* District Judge* Circuit Judge* Master* High Court Judge* Court of Appeal Judge

Answer 9

• District Judge: District Judge [name] / [name] DJ* Circuit Judge: His/Her Honour Judge [name] / [name] HHJ* Master: Master [name] / Master [name]* High Court Judge: The Honourable Mr/Ms Justice [name] / [name] J* Court of Appeal Judge: The Right Honourable Mr/Ms Justice [name] / [name] LJ

Question 10

What is the mode of address in court and in correspondence of each of the following:* District Judge* Circuit Judge* Master* High Court Judge* Court of Appeal Judge

Answer 10

• District Judge: Sir/Madam / Judge* Circuit Judge: Your Honour / Judge* Master: Master / Master* High Court Judge: My Lord/Lady / Judge* Court of Appeal Judge: My Lord/Lady / Lord Justice

Question 11

What are the rules of courtroom etiquette?

Answer 11

• Solicitors should dress formally, that is, wear a dark suit, formal shoes, and modest jewellery. Solicitor advocates will also wear a gown, collar, and bands but not a wig. * Electronic devices should be turned off A solicitor may be held in contempt for using a mobile phone during a court proceeding * Bow to the judge when entering or leaving the court * Do not eat or drink in court * Be courteous: Wait until it is your turn to speak; Refer to the judge by the correct mode of address; and Refer to your opponent as ‘my friend’.

Question 12

How many trial bundles should the claimant’s solicitor prepare, and who bears the expense of this?

Answer 12

The claimant’s solicitor must prepare one bundle each for each party and witness, and the claimant bears the expense of this

Question 13

What is included in a trial bundle?

Answer 13

• Information about the parties* Case summary* Schedule of issues* Witness statements* Expert reports etc

Question 14

Within what time period before trial should the trial bundles be filed?

Answer 14

Between 3 and 7 days before trial

Question 15

In what circumstances can the trial timetable be departed from?

Answer 15

When the judge decides it is in the interests of justice

Question 16

What is the usual format of a trial?

Answer 16

• Opening submissions for the claimant (by the claimant’s advocate)* Opening submissions for the defendant (by the defendant’s advocate)* Consideration of any preliminary issues* The claimant’s witnesses will give their evidence* The claimant’s experts will give their evidence* The defendant’s witnesses will give their evidence* The defendant’s experts will give their evidence* The claimant’s counsel will make closing submissions on behalf of the claimant* The defendant’s counsel will make their closing submissions* Judge may give judgment immediately or reserve judgment* Parties may make submissions after judgment in relation to the interests, costs, time to pay, stays of execution or permission ot appeal

Question 17

What is the purpose of re-examination and are leading questions permitted?

Answer 17

The party who originally called the witness may re-examine the witness to try to restore credibility to the witness’s evidence.Leading questions are not permitted during re-examination

Question 18

What must a party do if they decide they want to discontinue a claim before trial?

Answer 18

File and serve a notice of discontinuance

Question 19

In what circumstances will court permission be required to discontinue a case?

Answer 19

1. Court has granted an interim injunction2. Claimant has received an interim payment (unless paying party consents)

Question 20

From a cost perspective, what is the consequence for the claimant of discontinuing a case?

Answer 20

They are liable to pay the defendant’s costs up until that point (subject to cost shifting applicable to personal injury claims)