Trial

Question 1

a party must give notice if they wish to admit photographs, models and plans which are not —

Answer 1

continued in:
- witness statement
- expert report
- affidavit
- oral evidence

Question 2

a party must give notice of how many days if they wish to admit photographs, models and plans?

Answer 2

He must give notice at least 21 days before the hearing at which he proposes to put in the evidence, if—

(a) there are not to be witness statements; or
(b) he intends to put in the evidence solely in order to disprove an allegation made in a witness statement.

Question 3

rule of use of plans, photographs and models as evidence includes documents under what legislation?

Answer 3

documents which may be received in evidence without further proof under section 9 of the Civil Evidence Act 1995.

Question 4

The court may proceed with a trial in the absence of a party but—

Answer 4

(a) if no party attends the trial, it may strike out the whole of the proceedings;
(b) if the claimant does not attend, it may strike out his claim and any defence to counterclaim; and
(c) if a defendant does not attend, it may strike out his defence or counterclaim (or both).

Question 5

Where the court strikes out proceedings, or any part of them, due to a party failing to attend to trial, it may…

Answer 5

…subsequently restore the proceedings, or that part.

supported by evidence

Question 6

Where a party does not attend and the court gives judgment or makes an order against him, the party who failed to attend may…

Answer 6

…apply for the judgment or order to be set aside.

supported by evidence

Question 7

Where an application for relief from sanction by a party who failed to attend the trial, the court may grant the application only if the applicant—

Answer 7

(a) acted promptly when he found out that the court had exercised its power to strike out or to enter judgment or make an order against him;
(b) had a good reason for not attending the trial; and
(c) has a reasonable prospect of success at the trial.

Question 8

where will the trial most likely take place (FAST TRACK)?

Answer 8

The trial will normally take place at the court where the case is being managed, but it may be at another court if it is appropriate having regard to the needs of the parties and the availability of court resources

Question 9

what will the judge do regards to a timetable?

Answer 9

The judge may confirm or vary any timetable given previously, or if none has been given set his own.

Question 10

Where a trial is not finished on the day for which it is listed the judge will normally…

Answer 10

… sit on the next court day to complete it.

Question 11

Once the trial of a multi-track claim has begun, the judge will…

Answer 11

…normally sit on consecutive court days until it has been concluded.

Question 12

where will a multi-track case trial take place?

Answer 12

The trial will normally take place at a Civil Trial Centre but it may be at another court if it is appropriate having regard to the needs of the parties and the availability of court resources.

Question 13

if the claimant does not attend trial, what does the defending have to do?

Answer 13

in a situation where the defendant has made a counter claim, though they do not have to prove their defence, they will still have to prove their counterclaim.

Question 14

if the defendant doe snot attend the trial, what does the claimant have to do?

Answer 14

even though a defence may be struck out, the claimant will still have to prove their claim, although this will normally only entail referring to the statement of case (with statement of truth) or tendering witness statements

Question 15

relief from sanctions of a party not attending trial, what is the menage of “the court may grant the application only if”?

Answer 15

• The court no longer has a broad discretion.
• If the case is disposed of in the absence of a party, and the party (i) has not attended for good reasons, (ii) has an arguable case on the merits, and (iii) has applied to set aside promptly, it would require very unusual circumstances indeed before the court would not set aside the order
• if the court is satisfied that the conditions are met, and that it is right to exercise its discretion to grant the application, it will often be appropriate to do so on the condition that the applicant pay the other side’s costs and pay a sum on account of those costs within a short period.

Question 16

what is hearsay evidence?

Answer 16

hearsay evidence is an oral or written statement which has been made outside of court and is being adduced in court.

Question 17

when is notice required for the use of hearsay evidence?

Answer 17

If the evidence is in a witness statement of a person who is to give oral evidence at trial, no formal notice is required. Notice of the hearsay is deemed served when witness statements are served on the other party; no separate communication is required.

In all other cases, formal notice must be given to the other party identifying the hearsay, stating that the party wishes to rely on it and the reason why the witness will not be called.

Question 18

when is notice for hearsay evidence not required?

Answer 18

If the evidence is in a witness statement of a person who is not giving oral evidence at trial, no formal notice is required but the other party must be informed that the witness will not be giving evidence at trial with reasons.

Question 19

the party who is proposing to rely on the hearsay evidence must —

Answer 19

(a) serve the notice no later than the latest date for serving witness statements; and
(b) if the hearsay evidence is to be in a document, supply a copy to any party who requests him to do so.

Question 20

what types of hearings does the notice to rely on hearsay evidence apply to?

Answer 20

trials. any other hearings don’t require it

Question 21

can a party request for the particulars of hearsay?

Answer 21

Yes. under s. 2 Civil Evidence Act 1995

A party who has received the notice can ‘request particulars’ of the hearsay that are reasonable and practicable for the purpose of enabling it to deal with any matters arising from the evidence being hearsay.

Question 22

can a party call a witness for cross-examination on hearsay evidence?

Answer 22

Yes. where a party proposes to rely on hearsay evidence and does not propose to call the person who made the original statement to give oral evidence,
the court may, on the application of any other party, permit that party to call the maker of the statement to be cross-examined on the contents of the statement.

Question 23

when must an application to call a witness for cross-examination on hearsay evidence be made?

Answer 23

An application for permission to cross-examine under this rule must be made not more than 14 days after the day on which a notice of intention to rely on the hearsay evidence was served on the applicant.

Question 24

can the credibility of the hearsay evidence be attacked by the opposing party?

Answer 24

Yes. Where a party proposes to rely on hearsay evidence but does not propose to call the person who made the original statement to give oral evidence, another party can call evidence to attack the credibility of the person who made the statement

Question 25

a party who wishes to attack the credibility of the hearsay evidence, do they have to give notice to do so?

Answer 25

Yes. they mist serve notice no more than 14 days after the day on which a hearsay notice relating to the hearsay evidence was served on him.

Question 26

can a court challenge the weight of hearsay evidence?

Answer 26

Yes. s 4 Civil Evidence Act 1995
It is possible to challenge the weight the court will attach to the hearsay evidence at trial. The factors the court will consider when assessing the weight to attach to hearsay evidence include, for example:
(a) whether it would have been reasonable and practicable for the party who adduced the evidence to have produced the maker of the original statement as a witness;
(b) whether the original statement was made contemporaneously to the matters stated;
(c) whether the evidence involves multiple hearsay

Question 27

can criminal convictions be used as evidence in civi proceedings?

Answer 27

Yes. s 11 Civil Evidence Act 1968.

it may be used and it must be proven as to why the criminal conviction is relevant to an issue in the proceedings.

the individual shall be taken to have committed that offence unless the contrary is proven and that all evidence which are documents in relation to it shall be admissible too.