Trial

Question 1

What are the Main Pre-Trial Issues?

Answer 1

• Pre-Trial Checklist.
• Trial Bundle.
• Reading List.
• Skeleton Arguments.
• List of Authorities.
• Case Summary.
• Notice to Admit Facts.
• Notice to Admit Documents.
• Brief to Counsel.
• Witness Summons.
• Pre-Trial Review.

Question 2

What is the Purpose of the Pre-Trial Checklist?

Answer 2

• Schedule the Trial: Fix a Trial Date or confirm a Provisional Date.
• Identify Further Directions: Identify outstanding issues necessary for Trial Preparation.
• Verify Compliance: Ensure the Case is ready for Trial in line with previous Case Management Directions.

Question 3

What is Required of the Parties in a Pre-Trial Checklist?

Answer 3

Request Further Directions:

• Outline any additional Directions needed and submit Applications with Draft Orders.

On Expert Evidence:

• Offer information on Experts involved, their Meetings, and consensus on Reports.
• Indicate if the Court has permitted Expert Evidence at Trial, and if not, Apply for Permission if desired.
• Note any dates when Experts are unavailable during the Trial Period.

Confirm Compliance:

• State whether all Directions have been met, and if not, which ones remain and the expected compliance dates.

Witnesses:

• List all Witnesses, their availability, and any special needs.

Legal Representatives:

• Identify who will present the Case and their availability.

Trial Length Estimate:

• Provide an estimate of the Trial’s duration and with a proposed timetable.

Question 4

What is the Procedure for Completing a Pre-Trial Checklist?

Answer 4

• The Court sends the Checklist at least 14 days before the Filing due date.
  • This is at least 8 weeks before the Trial Date or Period.
• The Parties should exchange copies before Filing to avoid inconsistencies.

Question 5

What is a Listing Hearing or Direction?

Answer 5

A Hearing or Direction following a Pre-Trial Checklist to resolve any outstanding Issues.

Question 6

What is the Content of a Listing Direction

Answer 6

Mandatory:

• The Trial’s Date, Location, and Estimated Length.

Discretionary:

• Evidence.
• Trial Bundles.
• The Trial’s Timetable.
• Any other relevant Issues.

Question 7

What is the Purpose of the Trial Bundle?

Answer 7

• To collate all documents likely to be referenced during Trial, organised into paginated and indexed files.
• The Content should be agreed upon by the Parties, and in disputes should be summarised therein.

Question 8

Who must File the Trial Bundle, and by When?

Answer 8

The Claimant, between 3-7 days before Trial.

When calculating dates, treat them as two separate deadlines.

Question 9

How must Trial Bundles be Distributed?

Answer 9

Every Party must receive an identical Bundle, including Witnesses during Testimony.

Question 10

What are the Contents of the Trial Bundle?

Answer 10

• Pleadings: Claim Form and all Statements of Case.
• Summaries: Case Summary and Chronology, if appropriate.
• Further Information: Requests and responses for additional details.
• Witness Statements: All Statements to be relied upon as Evidence.
• Witness Summaries: Any summaries of Witness Testimony.
• Notices: Hearsay Notices and Notices of intent to rely on specific Evidence.
• Medical Reports: Any relevant Reports and responses.
• Expert Reports: Reports from Experts and any responses.
• Directions Orders: Orders giving Directions for Trial Conduct.
• Other Documents: Any additional necessary materials.

Question 11

What is a Reading List?

Answer 11

• An estimate of the Reading Time required for the Judge to properly know the Case and any relevant Authorities; and
• An estimate of the Pre-Trial Review Hearing’s length.
• This must be signed by all Advocates.

This only applies to High Court Cases.

Question 12

What are Skeleton Arguments?

Answer 12

• Concise summaries of Legal Submissions and the Legal Authorities relied upon therein.
• These are the responsibility of Counsel.

Question 13

What is the List of Authorities?

Answer 13

• A list of all Legal Authorities relied upon.

This only applies to High Court Cases.

Question 14

By When must the List of Authorities be Filed?

Answer 14

17:00 the day before the Pre-Trial Review Hearing.

Question 15

What is the Case Summary?

Answer 15

A brief, non-contentious overview of the Case Issues, as agreed upon and collaboratively prepared by the Parties.

This should contain an Introduction, the Agreed and Disputed Issues, and Supporting Evidence. It should not exceed 500 words.

Question 16

What is a Notice to Admit Facts?

Answer 16

• A Notice to the Counterparty to Admit Facts, thus avoiding the need to prove them at Trial.
• Denial may have adverse cost consequences if the Party proves the Facts .

A Notice to Admit Document is the same, but for Documents.

Question 17

What is the Assumption of Documentary Authenticity?

Answer 17

Parties are deemed to admit the Authenticity of Disclosed Documents, unless they Serve Notice requiring Proof at Trial.

Question 18

What is a Brief to Counsel?

Answer 18

• Instructions to Counsel on the Party’s Case and Representation at Trial.
• This comes with a Fee agreed upon with the Counsel’s Clerk, both for Trial Preparation and the First Day.
  • Fees for later days are called Refreshers.

This should be delivered with sufficient time for Counsel to prepare.

Question 19

What is the Structure of a Trial?

Answer 19

1 —Claimant’s Opening Speech.

2 — Claimant’s Case:

• Evidence.
• Witness Statements.
• Cross-Examination.
• Re-Examination.

3 — Defendant’s Opening Speech (Infrequent).

4 —Defendant’s Case:

• Evidence.
• Witness Statements.
• Cross-Examination.
• Re-Examination.

5 — Defendant’s Closing Speech (Optional).

6 — Claimant’s Closing Speech.

Question 20

What is a Final Order?

Answer 20

• An Order concluding the Claim, addressing:
  • Outcomes.
  • Liability.
  • Costs.
  • Appeals.
  • Enforcement.
• Judgement is usually reserved after Trial, during which time, Counsel may be invited to opine on the appropriate Ruling.

Question 21

When will the Judge ciruclate the Draft Judgement?

Answer 21

16:00 on the Second Working Day before the Official Ruling.

At this point, the Judgment is still a Private Document.

Question 22

What is a Disposal Hearing?

Answer 22

• A Hearing to determine the sum of Damages.
• This only applies if the Court has chosen to divide the determination of Liability and Quantum.

This is common where the Evidence on Liability differs to the Evidence on Quantum

Question 23

What is Drawing Up?

Answer 23

• The formal writing of a Court Order for the Court’s Seal.
• The Court is responsible therefor, but Parties may be required or permitted to Draft the Order.
  • The Draft must be Filed within 7 days thereafter with sufficient copies to Serve on all Parties.
  • For Consent Orders, failure to promptly File allows any other Party to Draft instead.

Question 24

When does a Final Order take effect?

Answer 24

• When it is made or given, not when it is Served.
• Parties have 14 days to comply with Monetary Judgments unless otherwise specified.

This means Interest accrues from the Judgment Date.

Question 25

What is a Stay of Execution?

Answer 25

A Court Order delaying the effect of a Judgment or Order.

Question 26

What is the Debt Respite Scheme?

Answer 26

• Temporary relief for Individual Debtors struggling to repay Judgment Debts.
• If granted, it provides a 60-day Grace Period, and a Mental Health Crisis may extend that even longer.
• Damages due to Death or Personal Injury disqualify a Debtor.