Preparation of a case for trial, the trial, and post-trial steps

Question 1

Witness summons is?

Answer 1

a document issued by the court requiring a person to appear before the court and give evidence or to produce documents to the court.

Question 2

Can be necessary if the witness will not attend?

Answer 2

court voluntarily.

Question 3

Witness summons should be served on the witness at least 7 days before?

Answer 3

the court date

Question 4

Witness summons must be accompanied by?

Answer 4

an offer to pay the witness’ travel expenses to and from court and compensation for working time lost.

Question 5

Witness fails to appear following the service of a summons, they can be?

Answer 5

fined or imprisoned for contempt of court.

Question 6

Fast track and multi-track claims, after the disclosure and exchange of written evidence stages are completed, court will?

Answer 6

send to the parties a pre-trial checklist AKA listing questionnaire.

Question 7

Parties will need to complete and return the pre-trial checklist to the court by?

Answer 7

a specified date (normally no later than 8 weeks before the trial date).

Question 8

Pre-trial checklist will enable the court to decide if:

Answer 8

Any further directions are needed in the case before trial and whether it can set the date for trial and give directions about the trial
OR
Whether the matter requires listing for a pre-trial review to check that all the parties have complied with all order and directions, issue a direction for all parties to file a trial bundle and set the trial timetable.

Question 9

Purpose of a trial bundle is to place before the court:

Answer 9

*All relevant material
*Assist the advocates with good preparation of their cases for effective presentation at court.
*Assist the judge with pre-trial reading.
*Assist the trial hearing to proceed as smoothly and expeditiously as possible.

Question 10

Prepared by claimant’s lawyer and will be filed no earlier than…

Answer 10

7 days before trial BUT no later than 3 days before trial.

Question 11

Trial bundle should include a copy of:

Answer 11

*Claim form and all statements of case.
*Case summary and chronology where appropriate.
*Requests for further information and responses to requests.
*All witness statements to be relied on as evidence.
*Any witness summaries.
*Any notices of intention to rely on hearsay evidence.
*Any notices of intention to rely on evidence (e.g., plans or photographs) which isn’t contained in a witness statement, affidavit, or expert’s report (being given orally at trial) or is hearsay evidence.
*Any medical reports and responses to them
*Any experts’ reports and responses to them.
*Any order for directions as to the conduct of the trial.
*Any other necessary documents.

Question 12

Trial bundle is as follows:

Answer 12

*Claimant’s side makes the opening speech.
*Claimant gives evidence:
Examination-in-chief by the claimant (open and non-leading questions only)
Cross-examination by the defendant (leading questions allowed).
Re-examination by the claimant (open and non-leading questions only).
*Defendant’s side makes its opening speech.
*Defendant gives evidence:
Examination-in-chief by the defendant (open and non-leading questions only)
Cross-examination by the claimant (leading questions allowed).
Re-examination by the defendant (open and non-leading questions only).
*Defendant’s side closing speech.
*The claimant’s side closing speech.
*Judgment is given and any order made.

Question 13

Non-leading question is an?

Answer 13

open question that DOESN’T lead the witness to an answer.

Question 14

Leading question is a?

Answer 14

closed question that leads the witness to an answer.

Question 15

The nature and effect of judgment -
Judgment will address:

Answer 15

Liability
Quantum
Interest
Costs

Question 16

If the claimant has won…

Answer 16

matter will proceed to enforcement, with defendant to pay interest and costs (if awarded).

Question 17

Defendant has won…

Answer 17

proceedings end, with claimant to pay costs (if awarded).

Question 18

An appeal is the process by which?

Answer 18

a party (the appellant) seeks to change a judgment or order (or part of a judgment or order) of a lower court by seeking to have it reconsidered by a higher court.

Question 19

Party has 21 days to appeal against a?

Answer 19

County Court or HC decision.

Question 20

Party has 28 days to apply for leave to appeal from?

Answer 20

the CoA to the SC.

Question 21

No automatic right of appeal, permission is?

Answer 21

required

Question 22

First appeal, permission to appeal can only be granted where?

Answer 22

the court considers that the appeal would have a real prospect of success OR there is some other compelling reason why the appeal should be heard.

Question 23

Appeal court can do any of the following:

Answer 23

*Strike out the whole or part of an appeal notice.
*Set aside permission to appeal in whole or in part.
*Impose or vary conditions on which an appeal can be brought.

Question 24

Second appeal is an application for?

Answer 24

permission to appeal a decision of the HC or the County Court that was itself made on appeal.

Question 25

Only the CoA can give permission for?
and only allow this in an exceptional case?

Answer 25

a second appeal.
Where the appeal would raise an important point of principle or practice (which hasn’t yet been established)
OR there is some other compelling reason to hear it.

Question 26

Appeal court will allow an appeal where the decision of the lower court was either of one of the following grounds of appeal:

Answer 26

Wrong (error in law, or in fact, or in the exercise of its discretion).
Unjust because of a serious procedural or other irregularity.

Question 27

Order to obtain information (previously known as oral examination):

Answer 27

*Claimant applies to the court for an order to obtain information about the debtor’s finances.
*Enable appropriate enforcement action to be taken against the defendant.
*Debtor will be required to attend court to be questioned under oath by an officer of the court about their finances or those of the company.

Question 28

Following means of enforcement are available to a judgment creditor:

Answer 28

Taking control of goods
Charging order
Third party debt order
Attachment of earnings order

Question 29

Taking control of goods:

Answer 29

Seizure and sale of the debtor’s goods.
Can’t force entry to a private residence but can forcibly enter business premises.
Can’t seize household domestic items of the debtor and their family.
Must apply for a writ of control (HC) or warrant of control (County Court) depending on judgment value threshold.

Question 30

Charging order:

Answer 30

Charge on the debtor’s land and/or securities.
Charging order against land should be registered at Land Charges Department (unregistered land) or HMLR (registered land)
3 stages of enforcement of a charging order:
Application for interim charging order
Application for final charging order
Order for sale.

Only effective if debtor is sole owner of property (not jointly)
AND no prior charge holders secured against the property,
Otherwise, there may not be enough proceeds to settle the debt on sale of the property.

Question 31

Third party debt order:

Answer 31

Order directing a third party (e.g., a bank) who holds or owes money to the debtor to pay it directly to the creditor.
Not possible to obtain this order if money held in a joint account AND the other party is not a joint judgment debtor.
Order only applies to debts within E&W and not foreign debts.

Question 32

Attachment of earnings order:

Answer 32

Order requiring the debtor’s employer to make deductions from their salary and pay them to the creditor.
DOESN’T apply to self-employed debtors.

Question 33

To enforce a judgment in Scotland and Northern Ireland:

Answer 33

Obtain a certificate confirming the date of judgment, the sum awarded and the details of interest and costs.
Make an application to the court in Scotland and Northern Ireland, with evidence, to register the judgment in 6 months.
Once registered, local enforcement methods apply.

Question 34

To enforce a judgment in commonwealth:

Answer 34

Apply under the Administration of Justice Act 1920, for HC judgments (12-month time limit).
Apply under the Foreign Judgement (Reciprocal Enforcement) Act 1933, for County Court judgments (6-year time limit).
Other countries MUST issue fresh proceedings in the local jurisdiction to pursue the claim.