DR VIII Trial and Appeal Flashcards
Define Tomlin order
The purpose of a Tomlin order is to avoid the parties having to institute a fresh set of proceedings in the event that the agreed terms are not carried into effect,
The order confirms that the parties have agreed on settlement and that they have agreed that the case stays pending the terms of the settlement being carried out
A schedule confirming the amount to be paid, by whom and the date the payment is due
Discuss preparation for a pre-trial interview
Ahead of the hearing, the parties are required to file and serve an agreed case summary with a list of issues.
The case summary must not be over 500 words.
it should clearly specify the issues of fact agreed, in dispute and synopsis of the evidence.
maximum amount for conduct money
£67 + subsidence and overnight stay
Difference between counsel/barrister/advocate
counsel and barrister are used interchangeably
the person representing C or D at trial is called an advocate. the process is called advocacy.
Define trial bundle
trial bundle is the documents prepared for advocacy. in cases of greater complexity, there may be more than one bundle: a substantive bundle, an authorities bundle and a procedural bundle.
C solicitor must prepare at least 6 bundles and bear the costs for preparing them. must be supplied 3 to 7 days before trial
Define stay of execution
If it is the intention of the losing party to appeal the decision, they may request a stay of execution of the judgment order, that is, a delay of enforcing the judgement.
Destination of appeals
D- C - H - A
|
M
District judge in CC to Circuit Judge (bar insolvency)
Circuit judge in CC to High Court Judge
High Court Master to HC Judge
HCJ to CoA
Two places where a leave for appeal can be sought
To the lower court where the decision was made
To the appeal court in the notice
The only 2 grounds for appealing of a decision
The decision is wrong in fact, law, or the exercise of the court’s direction
The decision is unjust because of serious procedural or other irregularity in the proceedings.
Time limits for appeal
The party must make the application within 21 days of the judgement or order that they are seeking to appeal. Time runs from the date that the judge formally hands down the judgement or decision.
Party can ask for an extension with permission from the judge.
Can the appellant appeal for a refusal order to grant an appeal
Yes. Within 7 days of refusal the appellant may request an oral hearing so that they can make representation as to why the court should grant permission.
After the time limit for appeal has passed (no application for extension), can a party still seek permission to appeal?
a party may still apply in an appropriate case to the CoA for permission retrospectively. This will be treated as an application for relief of sanctions based on the following considerations:
the seriousness of the failure to comply with rules
why the default occurred
Evaluation of the evolution of the case: can the appeal be conducted justly
Meaning of cross appeal
where the respondent and the claimant both want to appeal the judgement
Meaning of a ‘rolled up’ hearing.
where the application for pemission to appeal and considering the appeal happen at the same hearing
Can new evidence be introduce in the appeal.
Generally no since appeal is a not a rehearing. admission of new evidence that was not present in the original hearing can be granted with court permission.
