DR - Settlement Flashcards
When is a consent order used?
On a matter has been settled between the parties.
If the consent order is breached, the wronged party will have to raise a new claim for the breach.
What are the two types of consent order?
A consent order based on a contract: only rarely be interfered with by the court.
A consent order NOT based on contract: may be altered or varied by the court.
What is a Tomlin Order?
A Tomlin Order is made up of 2 parts;
- the first part is the public part which stays the proceedings
- the second is confidential part and contains the detail of the agreement reached between the parties (normally goes beyond what a court could order).
If the party defaults the stay is lifted.
Where must any direction for payment of money out of court or the payment and/or assessment of costs be included in a Tomlin Order?
Part 1
Can consent orders be used for interim applications?
Yes
Can consent orders be used for pre-action matters?
No - those agreements should be recorded in a settlement agreement.
What is the purpose of a pre-trial check list?
- check that the case management directions previously given have been complied with and that the case is ready for trial;
- give any further necessary directions; and
- fix a date for trial (or confirm a date that has already been fixed).
What does the pre trial check list require of the parties?
- To confirm whether they have complied with the directions given (and, if not, which directions are outstanding and by what date they will be complied with).
- To specify any further directions required to prepare the case for trial and enclose an application form and draft order for those directions.
. - To confirm whether the court has already consented to expert evidence being given at trial (in writing or orally). If it has not, such an order should now be sought by way of application.
. - To give details of experts, whether they have met to discuss their reports, and whether their reports have been agreed.
- To give details of dates within the trial period when experts will not be available.
- To give details of witnesses, their availability and any special facilities they require.
- To give details of who will present the case at trial and their availability within the trial period.
. - To estimate the trial length, including cross-examination and closing arguments, and to attach a proposed timetable for trial (preferably agreed between the parties).
When will the pre-trial check list be sent to the parties?
A pre-trial checklist is sent to each party at least 14 days before the due date for filing.
When is the due date for the pre-trial check list?
- at least eight weeks prior to the trial date or the start of the trial period.
Parties are encouraged to exchange copies of the pre-trial checklists before filing, to avoid the court being given conflicting or incomplete information
When should the trial bundle be provided to the court?
- no more than seven days and no less than three days before the trial begins.
What should be included in a trial bundle?
- claim form and all statements of case;
- case summary and/or chronology where appropriate;
- requests for further information and responses to these;
- witness statements;
- any hearsay notices;
- any experts’ reports, with responses to them;
- direction orders
- any other relevant docs
- any order giving directions for the conduct of the trial; and
- any other necessary documents.
When should a reading list be included?
In all High Court cases in the Chancery Division and the King’s Bench Division
What does a reading list set out
The estimated time to read the bundle and get to grips with the case.
Which court are Skeleton arguments prepared for
High Court trials
