Topic 15- Civil Trial, Judgments and Orders

Question 1

For evidence not contained in witness statements, expert reports, or to be given orally, what must a party do for it to be received at trial?

Answer 1

The party intending to use the evidence must give notice to the other parties

At least 21 days before the hearing at which he proposes to put in the evidence

Question 2

Can the court proceed in the absence of a party?

Answer 2

Yes, but sometimes they may not

Question 3

If no party attends the trial, what may the court do?

Answer 3

They may strike out the whole of the proceedings

Question 4

If the claimant does not attend trial, what may the court do?

Answer 4

They may strike out the claim

Question 5

If the defendant does not attend trial, what may the court do?

Answer 5

They may strike out the defence

Question 6

If a court strikes out proceedings due to absence of a party, can they restore the proceedings?

Answer 6

Yes, they may restore the proceedings, only on application by a party with evidence

Question 7

What circumstances must the court look at to restore proceedings after striking them out due to absence?

Answer 7

Whether the applicant acted promptly after finding out the court has struck out

Whether they had a good reason for not attending trial

Whether they had a reasonable prospect of success

Question 8

If a party’s legal representative is present, but the party themselves is not, will the court proceed?

Answer 8

Yes, as the party is deemed present

Unless the court orders for them to attend

Question 9

If a party is ordered by the court to attend trial, can they just send their legal representative?

Answer 9

No, the party must attend in person, and they cannot attend via videolink

Question 10

If a defendant has had their defence struck out due to absence, will the claimant be entitled to judgment?

Answer 10

No, the claimant must still prove their claim

Question 11

When will the court not draw up an order or judgment?

Answer 11

The court orders a party to draw it up

A party, with court’s permission, agrees to draw it up

The court dispenses with the need to draw it up

Question 12

When a party draws up a judgment order, what must the court direct?

Answer 12

That the judgment/order is checked by the court before it is sealed

The parties must file an agreed statement of its terms

Question 13

How many days after permission to draw it up must the party file a judgment/order with the court?

Answer 13

No later than 7 days after permission is given

Question 14

When a judgment/order has been drawn up by a party and served by the court, who is the judgment/order on?

Answer 14

The judgment/order must be served on each party in the proceedings

Question 15

What is a consent order?

Answer 15

This is where all the parties agree the terms in which a judgement or order should be made

Question 16

When may the court officer enter and seal a consent judgment/order?

Answer 16

If the judgment/order is for payment of money or delivery of goods
AND
None of the parties are litigants in person

Question 17

Can a consent order be approved by the court if there is a litigant in person?

Answer 17

No

Question 18

When will a judgment/order take effect?

Answer 18

It will take effect from the day it was given or made

Question 19

When will interest begin to run after a judgment/order?

Answer 19

On the date that judgment/order was made

Question 20

Can a non-party in the proceedings set aside or vary a judgment/order?

Answer 20

Yes, as long as they are directly affected by the judgment/order they can apply to set aside or vary it

Question 21

Within how many days must a party comply with a judgment/order?

Answer 21

Within 14 days of the date of the judgment/order

Unless the court has stayed proceedings

Question 22

If there is an error in the judgment/order, what can the court do?

Answer 22

The court may correct the error or omission in a judgment/order

A party may also apply for a correction without notice

Question 23

Where the court gives judgment for the claimant on his claim, and the defendant on a counterclaim, what order should they make?

Answer 23

If the balance is in favour of one of the parties, the court may order the party in the less amount must pay the balance

Question 24

What is deemed the final part of the ADR process?

Answer 24

Recording the settlement

Question 25

What responsibilities does a lawyer have in recording the settlement?

Answer 25

Ensure the terms are comprehensive, clear and sufficiently detailed

Ensure the client understands and accepts the agreement

Ensure the terms are appropriately recorded and enforceable

Question 26

What is a Tomlin Order?

Answer 26

This is a form of consent order, were the court orders that further proceedings are stayed, except for the purpose of carrying out the terms of the compromise

Question 27

What three things are dealt with on the face of a Tomlin Order?

Answer 27

A stay of the proceedings

Each party has permission to apply to the court to compel compliance with the terms

The payment and assessment of costs

Question 28

How is a Tomlin Order enforced?

Answer 28

The order is a contract, which requires an application to the court to carry its terms into effect

Question 29

What are the advantages of a Tomlin Order?

Answer 29

Can be made confidential

Not limited to orders that a judge can make

Suited to record long or complex terms

Question 30

What are the disadvantages of a Tomlin Order?

Answer 30

The enforcement powers are more limited than for a simple court order

Question 31

If there is an error in the judgment, what can a party do?

Answer 31

They may simply apply for a correction without notice

Question 32

If a judgment is date 2 October, by what date must the defendant comply with the judgment?

Answer 32

16th October

14 days after date

Question 33

From what date does the interest begin to run on a judgment?

Answer 33

On the date of the judgment

Question 34

Where there is a balance in favour of one of the parties, what will the court order?

Answer 34

That the party with the less amount pays the balance

They will then make separate costs orders against each party

Question 35

In what circumstances is it best to make a Tomlin order?

Answer 35

Where there is a need for confidentiality