Preperation For Trial, Trial Procedure And Costs

Question 1

What must be provided to court regarding witness attendance ?

Answer 1

Details of witness availability via directions questionnaire

Question 2

What is a witness summons and what is required for it to be effective ?

Answer 2

Forces attendance or producing of document.

Requires payment of loss of time and travel

Should be served 7 days before attendance (court permission required if it is within 7 days)

Question 3

What is the trial bundle?

Answer 3

List of documents judge may need to decide the case.

Prepared by C

Filed 7-3 days before start of trial

Question 4

What is also required for multi track cases ?

Answer 4

Case summery - both parties

Question 5

What is the trial order ?

Answer 5

1) opening speech
2) examination-in-chief
3) cross-examination
4) re-examination
5) closeing speeches
6) judgment

Question 6

What is the difference between a hostile and unfavourable witness

Answer 6

Unfavourable witness does so for proper reason (I forgot)

Hostile witness is unwilling to support the party that called them

Question 7

What happens if the party requests judge to treat the witness as hostile ?

Answer 7

Advocate can now attack credibility and cross examine them

Question 8

What is order of appeals from county court up ?

Answer 8

County court district judge -> county court circuit judge -> high court district judge -> high court circuit judge

Question 9

What is required for first appeals ?

Answer 9

Where court considers appeal has a real prospect of success or some other compelling reason why it should be heard

Question 10

How long do aggrieved party have to appeal?

Answer 10

21 days for appeal against a county or high court decision

28 days to apply for leave from court of appeal or Supreme Court

Question 11

What is required for leapfrog appeals ?

Answer 11

Only where it is deemed of sufficient importance
- Grant of leapfrog certificate by trial judge and
- Grant of permission to appeal by Supreme Court

Question 12

What does it mean if costs are awarded on standard basis ?

Answer 12

Recover amount of last agreed budgeted costs as well as incurred costs paid insofar as reasonable and proportionate

Question 13

What are different procedures on different tracks for costs ?

Answer 13

Small claims - fixed costs - legal costs not recoverable

Fast track - summarily assessed

Multi track - detailed assessment carried out

Question 14

What does it mean if costs are summarily assessed ?

Answer 14

Courts determine at end of hearing

Question 15

What are the time limits for a detailed assessment ?

Answer 15

Issued within 3 months of date of judgment

21 days to serve dispute

Question 16

What is the difference between costs on standard basis and costs on indemnity basis ?

Answer 16

• on standard basis courts only allow those costs that are proportionate to matters in issue no test on indemnity basis
• any doubts are resolved in favour of reviving party on indemnity basis and paying party on standard basis.