Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

SQE 1 (mine) > DR 6: Preparations for trial, trial procedure, trial costs and appeals > Flashcards

DR 6: Preparations for trial, trial procedure, trial costs and appeals Flashcards

1
Q

To ensure no issues on day, what should witness be told/asked?

A

□ be asked, at an early stage, if there are any dates when they cannot attend; and
□ be notified of the trial date without delay.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Where will witnesses availability be given to court?

A

1) On directions questionnaire
2) In pre trial checklist

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a witness summons?

A

Doc issued by court requiring witness to:
*attend court to give evidence
*and/or produce documents to the court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Time limit for issuing and serving witness summons and consequences of missing/complying

A

□ Must be issued and served at least 7d before date witness required at court or courts permission required (if served without permission with in 7d wont be binding)
□ Complicnce: summons binding and witness will be fined/imprisoned (in High Court)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What must a witness be offered with a witness summons?

A

(a) a sum reasonably sufficient to cover their expenses in travelling to and from the court
(b) AND compensation for loss of time as specified in Part 34.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Who is a witness summons NOT applicable for?

A

expert witness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the advantage of issuing a witness summons?

A

judge is likely to be sympathetic to an adjournment of the trial should the witness fail to attend

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Can a witness apply to set aside a witness summons?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Can a witness be prepared for trial?

A

CANNOT coach
Witness familiarisation fine (if value of claim makes it worth it)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Where are pre trial checklists (listing questionnaires) relevant?

A

*Fast track
*Intermediate track
*Multi track

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Purpose of pre trial checklist (listing questionnaires)

A

*ensure parties complied with all directions/ready for trial
*so judge can decide if further directions/reviewing hearing are needed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Timelimit to file Pre trial checklists (listing questionnaires)

A

at least 8w before trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Effect of faliling to comply with a filing a listing questionnaire?

A

By both parties-unless a completed checklist is filed within 7d, claim, defence and counterclaim struck out
By 1 party-court fix hearing and ensure case ready for trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

When/why will a judge also order a pre trial review as well as a listing questionnaire?

A

Trials expected to last longer than 10d
Review with parties representatives personally to check progress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What will the court do after the pre trial Listing questionaire/review?

A

1) Give time estimate and set timetable if necessary;
2) fix place of trial
3) confirm trial date or week it will begin.
4)order trial bundle be prepared

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a trial bundle?

A

Indexed and paginated file of all docs judge may need to decide case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Max length of trial bundle?

A

250 pages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Who preps the trial bundle?

A

Prepped by claimant but contents should be agreed wherever possible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Time limit to file trial bundle?

A

between 7-3d before trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What will a trial bundle include?

A

◊ claim form and all statements of case;
◊ case summary and/ or chronology
◊ requests for further information and responses;
◊ witness statements;
◊ notices of intention to rely on hearsay
◊ experts’ reports and responses;
◊ directions orders
◊ any other necessary docs containing evidence that a party intends to rely on.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Should the other side be provided with a copy of docs in the trial bundle?

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is a Case summary

A

*indicates points still in issue, and the nature of the argument about the disputed matters
*Reviews parties submission of fact for each issue
*inc points of law relied on
*Identify key docs trial judge should use

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

On what track should a case summary be prepared?

A

multi-track

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What do you call circuit judges?

A

your honour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What do you call district judges?

A

judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What do you call high court judges?

A

My Lord/Lady

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What do you call a Lord Justice?

A

My Lord/Lady

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What do you call a Supreme Court Justice?

A

My Lord/Lady

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Who sits in the County Court?

A

Circuit Judge
District Judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Who sits in the High Court

A

High Court Judge
District Judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Who sits in the CoA

A

Lord Justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Who sits in the Supreme Court

A

Supreme Court Justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

When is a trial timetable fixed in advance?

A

Complex cases lasting several days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What is the usual order of trial for fast/intermediate track?

A
  1. Preliminary issues (outstanding issues)
  2. Opening speeches
  3. Examination in chief
  4. Cross examination
  5. Re-examination
  6. Closing speeches
  7. Judgement
35
Q

When/who will make an opening speech?

A

Claimant if permitted by judge

36
Q

How is evidence in chief given in a civil claim?

A
  1. Asked to take oath/affirm
  2. Identify witness statement in trial bundle
  3. Confirm its true
  4. =every word in statement then treated as having been said by witness in evidence
37
Q

Can a witness add to whats in their statement at trial?

A

PERMISSION required
Will do so if need to:
*amplify statement (ie. Clarify point)
*Give evidence in relation to new matter
*Open questions only

38
Q

What witnesses give their evidence first?

A

Claimant (inc for expert witnesses)

39
Q

Why bother with cross examination?

A

Mostly witness wont change story so just shows no implied acceptance of evidence and try to discredit witness

40
Q

When will the judgement be given?

A

◊ Immediately
◊ Reserved for later date (if case complex)

41
Q

When will the judgement take effect?

A

on day made unless order specifies different date

42
Q

Contents of judgement?

A
  1. Determine liability-has C est cause of action?
  2. Review evidence and provide reasons
  3. Costs (at end
    If C wins also:
  4. Quantum (specified claim=total caluclated, unspecified claim=consider each category of damages)
  5. Interest
    Always
43
Q

Normal position for costs

A

looser pays winners costs but court can make different order

44
Q

Types of costs according to track

A

◊ Fast/intermediate track=fixed
◊ Multi track=judge determines who should pay, amount determined at later hearing (detailed assessment) unless agreement can be reached between parties

45
Q

Time dealine for money awarded (inc. costs) to be paid?

A

within 14d

46
Q

What is the difference between hostile and unfavourable witnesses?

A

Unfavourable witnesses: Don’t as hoped for proper reasons (eg. Forgotten/nterpret in different way)

Hostile witness: Your own witness whos now unwilling to support party so may Refuse to answer/lie=evidence differs from that in statement

47
Q

If your witness is hostile, what can you do?

A

Ask judge to declare them a hostile witness so advocate can:
◊ Attack credibility
◊ Cross examine as if they’re a witness for the other side

48
Q

2 purposes of appeals?

A
  1. Private purpose: justice in particular cases by correcting wrong decisions
  2. Public purpose-maintaining public confidence in the administration of justice by corrections and clarifying/developing the law.
49
Q

Grounds for 1st appeal

A

*Court considers the appeal has a real and realistic prospect of success
*OR there’s some other compelling reason why the appeal should be heard (eg. Important q of law/public policy)

50
Q

Grounds for 2nd appeal?

A

*Permission required from CoA
*same grounds as 1st AND appeal must raise important point of principle or practice

51
Q

are second appeals common?

A

No

52
Q

Timelimit to apply for appeal

A

21d to appeal against County Court/High Court decision

28d to apply for leave to appeal from CoA or SC

53
Q

Is there an automatic right of appeal?

A

no

54
Q

When/where is a request for appeal made?

A

□ Mostly at end of trial and judge decides whether to grant

□ If request unsuccessful/none made, party can apply to appeal court for permission:
*Court usually deals with request on paper without hearing
*BUT CoA judge may list matter for oral hearing no later than 14d after relevant direction if they decide the application cannot be fairly determined without presence of parties

55
Q

What is the general rule for who will hear your appeal?

A

judge next up in hierarchy

56
Q

Who is a decision of a district judge in the CC appealed to?

A

Circuit judge of CC

57
Q

Who is a decision of a master or district judge of crown court appealed to?

A

High Court Judge

58
Q

Who is a decision of a circuit judge appealed to?

A

High Court judge

59
Q

Who is a decision of a high court judge appealed to?

A

Court of appeal

60
Q

What is a leapfrog appeal?

A

*Appeal normally to County/High Court may jump straight to CoA
*Appeal normally in CoA may jump straight to Supreme Court

61
Q

When will permission for a leapfrog appeal be granted?

A

◊ Matter raises an important point of principle or practice
◊some other compelling reason why CoA should hear it
(Normally where case involves a point of law of general public importance (eg. Construction of a statute/statutory instrument/matter of national importance)

62
Q

Grounds for granting a leapfrog appeal?

A

Decision of lower court was :
a) Wrong (as to law, facts or exercise of discretion)
b) Unjust because of a serious procedural irregularity in the proceedings of the lower court.

63
Q

General rule as to costs?

A

Looser pays winners costs (is a starting point, judge has discretion to make different costs orders if deemed appropriate)

64
Q

How are costs determnied according to track?

A

□ Small claims-legal costs not recoverable, disbursements only
□ Fast/intermediate tracks-fixed costs
□ Multi track-detailed assessment of costs

65
Q

Advantages and disadvantages of fixed costs?

A

□ Advantage: certainty as to amount owed if loose, reduces costs, simplifies process
□ Disadvantages: winning party as they’re v unlikely to recover all costs

66
Q

What is the effect of the complexity band of the case on fixed costs?

A

Determines amount of legal costs recovered Generally, the higher the band and the later the settlement is reached, the higher the costs

67
Q

Are disbursements allowed to be recovered in fixed costs?

A

Yes if reasonably incurred

68
Q

When will an application for costs higher than the fixed costs be granted?

A

In exceptional circumstances

69
Q

What may be done to fixed costs for unreasonable conduct?

A

*May be increased as paying party
*May be decreased as receiving party
*By 50%

70
Q

What is a summary assessment

A

For when costs arent fixed, summarry assessment=court determines amount immediately

71
Q

If the court cant make a summary assessment due to insufficient time, what will happen?

A

Will have a detailed assessment of costs

72
Q

What should the parties do to assit the court with a summary assessment

A

serve statement of costs at least 24h before interim hearing

73
Q

For a detailed assessment of costs, what should the receiving party must serve on paying party and when?

A

Within 3mo date of judgement order:
*Notice of Commencement of detailed assessment proceedings
*Bill of costs
*Evidence in support (eg receipts)

74
Q

What happens of paying party wishes to challenge bill in detailed costs assessment?

A

1.Serve points of dispute within 21d
2. Receiving party has 21d to reply
3. Receiving party must then file request for assessment hearing within 3mo of the expiry of the period for commencing detailed assessment proceedings
4. If costs less than £75k, court undertakes provisional assessment where judge decides what costs are allowable in absence of parties
5. Either party unhappy: request oral hearing within 21d ( but if the party fails to achieve an adjustment in their favour by at least 20% they will be ordered to pay the costs of the hearing)

75
Q

Meaning of Inter partes costs?

A

‘between the parties’ costs

76
Q

What happens in respect of interim inter partes costs ?

A

Unless fixed costs apply, judge will determine who is to pay costs and will usually summarily (instantly) assess amount

77
Q

Examples of interim inter partes costs?

A

□ for summary judgement
□ to set aside default judgement
□ To strike out a parties statement of case

78
Q

What factors are taken into account when assessing amount of final partes costs in multi track cases?

A

Part 44:
(a) conduct of parties and efforts made to try and resolve
(b) value of £/prop involved;
(c) importance of the matter to the parties;
(d) complexity of the matter;
(e) skill, effort, specialised knowledge and responsibility involved;
(f) time spent on the case;
(g) place and circumstances in which the work was done
(h) receiving party’s last approved or agreed budget.

79
Q

What basis may final inter partes costs be awarded on?

A
  1. Standard basis
  2. Indemnity basis
80
Q

How are costs assessed on the standard basis?

A
  1. Are the costs reasonable? (reasonably incurred/in amount)
  2. Are the costs proportionate to the matter in issue?
  3. Doubt: resolved in favour of paying party
81
Q

For the standard basis, when will costs be proportionate?

A

Will be if they bear a reasonable relationship to:
– Sums in issue
– Value of non-monetary relief in issue
– Complexity of the litigation
– Additional work generated by conduct of paying party
– Any wider factors

82
Q

What happens if costs are not deemed proportionate on the standard basis?

A

Judge scrutinises categories of cost (eg disclosure or factual evidence), to decide whether they should be further reduced. Once any such reductions have been made, the resulting figure is the final amount of the costs assessment

83
Q

How are costs assessed on the indemnity basis?

A

Not bound to estimated costs
1. Are the costs reasonable? (incurred and in amount)
2. Proportionate-n/a (so will be higher)
3. Doubt: benefit of the doubt is given to the receiving party

84
Q

At the end, what costs will be assessed and what costs will be fixed?

A

*incurred costs assessed
*budgeted estimated costs fixed by costs budget

SQE 1 (mine) (30 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions