Topic 15- Civil Trial, Judgments and Orders Flashcards
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?
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
Can the court proceed in the absence of a party?
Yes, but sometimes they may not
If no party attends the trial, what may the court do?
They may strike out the whole of the proceedings
If the claimant does not attend trial, what may the court do?
They may strike out the claim
If the defendant does not attend trial, what may the court do?
They may strike out the defence
If a court strikes out proceedings due to absence of a party, can they restore the proceedings?
Yes, they may restore the proceedings, only on application by a party with evidence
What circumstances must the court look at to restore proceedings after striking them out due to absence?
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
If a party’s legal representative is present, but the party themselves is not, will the court proceed?
Yes, as the party is deemed present
Unless the court orders for them to attend
If a party is ordered by the court to attend trial, can they just send their legal representative?
No, the party must attend in person, and they cannot attend via videolink
If a defendant has had their defence struck out due to absence, will the claimant be entitled to judgment?
No, the claimant must still prove their claim
When will the court not draw up an order or judgment?
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
When a party draws up a judgment order, what must the court direct?
That the judgment/order is checked by the court before it is sealed
The parties must file an agreed statement of its terms
How many days after permission to draw it up must the party file a judgment/order with the court?
No later than 7 days after permission is given
When a judgment/order has been drawn up by a party and served by the court, who is the judgment/order on?
The judgment/order must be served on each party in the proceedings
What is a consent order?
This is where all the parties agree the terms in which a judgement or order should be made
When may the court officer enter and seal a consent judgment/order?
If the judgment/order is for payment of money or delivery of goods
AND
None of the parties are litigants in person
Can a consent order be approved by the court if there is a litigant in person?
No
When will a judgment/order take effect?
It will take effect from the day it was given or made
When will interest begin to run after a judgment/order?
On the date that judgment/order was made
Can a non-party in the proceedings set aside or vary a judgment/order?
Yes, as long as they are directly affected by the judgment/order they can apply to set aside or vary it
Within how many days must a party comply with a judgment/order?
Within 14 days of the date of the judgment/order
Unless the court has stayed proceedings
If there is an error in the judgment/order, what can the court do?
The court may correct the error or omission in a judgment/order
A party may also apply for a correction without notice
Where the court gives judgment for the claimant on his claim, and the defendant on a counterclaim, what order should they make?
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
What is deemed the final part of the ADR process?
Recording the settlement
What responsibilities does a lawyer have in recording the settlement?
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
What is a Tomlin Order?
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
What three things are dealt with on the face of a Tomlin Order?
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
How is a Tomlin Order enforced?
The order is a contract, which requires an application to the court to carry its terms into effect
What are the advantages of a Tomlin Order?
Can be made confidential
Not limited to orders that a judge can make
Suited to record long or complex terms
What are the disadvantages of a Tomlin Order?
The enforcement powers are more limited than for a simple court order
If there is an error in the judgment, what can a party do?
They may simply apply for a correction without notice
If a judgment is date 2 October, by what date must the defendant comply with the judgment?
16th October
14 days after date
From what date does the interest begin to run on a judgment?
On the date of the judgment
Where there is a balance in favour of one of the parties, what will the court order?
That the party with the less amount pays the balance
They will then make separate costs orders against each party
In what circumstances is it best to make a Tomlin order?
Where there is a need for confidentiality
