Trial Flashcards
What is a Tomlin Order?
A common type of ‘consent order’ to record the terms of a settlement before trial. Two parts:
1) The order confirming settlement
2) A schedule confirming amount to be paid and when
NOTE: Consent orders are only required when settlement done other than by a part 36 offer
When should Pre-Trial checklists be filed with the court?
No later than 8 weeks before the trial date
In which cases may a court hold a pre-trial review?
In a Multi-track cases
What is a Pre-Trial Review for?
It is a case management conference in the last stages before trial. Court checks:
- Compliance w court orders
- Trial timetable
- Availability of witnesses/experts
- Preparing trial bundles
- Fixing date for trial
What does a witness summons do?
Compels a witness to attend court and give evidence at trial
How many summons need to be sent to the court?
Two summons per witness (one for service, one copy for the court)
What is ‘conduct money’?
The sum that covers witness expenses in attending trial/ compensating them for their time.
Maximum amount: £67
What happens if conduct money is not tendered to the witness?
Summons not effective
When must a witness summons be served to be effective?
At least 7 days before trial to be effective
Who bears the cost of trial bundles?
The claimant’s solicitor
Who gets a trial bundle?
The court + one for each party
When must the trial bundles be filed with the court?
Between 3 and 7 days before trial
What is the usual trial format?
