Trial Flashcards
Describe when a judgment or order becomes effective.
A judgment or order is effective from the date it is given or made, not from the date it is served.
How is interest on a judgment debt calculated after a judgment is given?
Interest on the judgment debt starts to run from the date on which the judgment is given.
Define the rate of interest on judgment debts according to the Judgments Act 1838.
The rate of interest on judgment debts is set at 8% per annum under section 17 of the Judgments Act 1838 (as amended).
What is the time limit for complying with a judgment or order for payment of money?
Parties have a time limit of 14 days to comply with a judgment or order for the payment of an amount of money, unless otherwise specified by the court.
How should one approach researching the possibility of setting aside an order?
One should research the specific case, relevant authorities, and provisions applicable to that type of case to determine the possibility of applying to set aside an order.
Define the term ‘slip rule’ in the context of court orders.
The slip rule refers to the provision that allows courts to correct minor errors in judgments and orders without making substantive changes.
How does a trial bundle assist advocates and judges?
A trial bundle assists advocates in preparing and presenting their cases effectively, while it helps judges identify any pre-trial reading.
How can reluctant witnesses be compelled to attend trial?
Reluctant witnesses can be compelled to attend trial by issuing and serving a witness summons in Form N20, which may require them to give oral evidence or produce specified documents.
Define the term ‘refresher’ in the context of trial fees.
A ‘refresher’ is an agreed fee paid per day for subsequent days of trial after the first day.
What is typically included in the brief fee agreement with counsel’s clerk?
The brief fee agreement usually covers preparation for the trial and the first day of the trial, with potential for staged payments and written agreements on specific inclusions.
How does the complexity of a case affect the brief provided to counsel?
In complex multi-track cases, counsel is usually involved throughout and does not require a detailed brief. In smaller, less complex cases, the brief must summarize the entire case to date for proper preparation.
What are the potential consequences for a party that does not admit a fact when given the chance?
If the judge agrees that the fact was correct, the party that did not admit it may face cost consequences and may not be treated as favorably regarding costs at the end of the case.
Describe the purpose of a notice to admit facts in legal proceedings.
The purpose of a notice to admit facts is to formally ask the other party to admit a particular factual point that is in issue in the case, potentially avoiding the need to call evidence to prove it at trial.
Define a skeleton argument in the context of High Court trials.
A skeleton argument is a concise summary of the submissions to be made in a High Court trial, including citations of the authorities that will be relied upon.
Describe the purpose of a reading list in High Court cases.
A reading list is lodged with the trial bundles to estimate the reading time the judge will need to understand the case and relevant authorities, as well as the expected length of the hearing.
Explain the significance of hearsay notices in a trial bundle.
Hearsay notices are significant as they inform the court of evidence that is not based on direct witness testimony, which may affect its admissibility.
Describe the components that should be included in a trial bundle.
A trial bundle should include:
- claim form and all statements of case;
- case summary and/or chronology;
- requests for further information and responses;
- all witness statements;
- any witness summaries;
- any hearsay notices;
- notices of intention to rely on non-standard evidence;
- any medical reports;
- any experts’ reports;
- any order giving directions for the trial;
- any other necessary documents.
What is the role of the party filing the trial bundle?
The party filing the trial bundle must supply identical bundles to each party involved in the proceedings and a set for witnesses, often filing a ‘witness’ set at court as well.
Explain the importance of agreeing on the content of a trial bundle.
Agreeing on the content of a trial bundle is important to ensure clarity and efficiency during the trial process.
How should the content of a trial bundle be handled if there are disagreements?
If there are areas of disagreement, a summary of the points in dispute should be included in the trial bundle.
What is the claimant’s responsibility regarding the trial bundle?
The claimant is responsible for filing the trial bundle with the court no more than seven days and no less than three days before the trial begins.
Define the requirements for documents included in a trial bundle.
All documents likely to be referred to at trial should be placed into paginated and indexed files as per CPR 39 and 32 PD 27.
Define a pre-trial checklist.
A pre-trial checklist is a list of items and tasks that need to be completed before the trial to ensure that the case is fully prepared.
Describe the purpose of a trial bundle.
The purpose of a trial bundle is to ensure that all relevant material is before the court at trial, facilitating a smooth and expeditious trial process.
Explain the importance of compliance with previous orders in the pre-trial process.
Compliance with previous orders is crucial as it ensures that all parties are prepared and that the trial can proceed efficiently.
Why is it important for parties to exchange pre-trial checklists?
Exchanging pre-trial checklists helps to avoid the court being given conflicting or incomplete information.
How many days before the filing due date is the pre-trial checklist sent to each party?
The pre-trial checklist is sent to each party at least 14 days before the due date for filing.
Describe the purpose of a pre-trial checklist.
A pre-trial checklist is used to ensure that all parties involved in a trial have the necessary information and documentation prepared before the trial begins, helping to avoid conflicting or incomplete information being presented to the court.
What must parties include about witnesses in the pre-trial checklist?
Parties must provide details of witnesses, their availability, and any special facilities they require.
What details regarding experts must be provided in the pre-trial checklist?
Parties must provide details of experts, whether they have met to discuss their reports, and whether their reports have been agreed.
List the main opportunities provided by the pre-trial checklist for the court.
The three main opportunities are to check compliance with case management directions, give further necessary directions, and fix or confirm a trial date.
Explain the significance of filing the pre-trial checklist by the deadline.
Filing the pre-trial checklist by the deadline is significant as it ensures that the case is ready for trial and allows the court to manage the case effectively.
What are the standard directions given by the court regarding case allocation?
The standard directions include deadlines for filing the pre-trial checklist, form N170, for fast track, intermediate track, and multi-track cases.
Define what the pre-trial checklist is also known as.
The pre-trial checklist is also known as a listing questionnaire.
What is a case summary and its importance in trial preparation?
A case summary is a concise overview of the case, including key facts and legal issues, and is important for helping the court and parties understand the case quickly.
What is the significance of a notice to admit facts?
A notice to admit facts is significant because it allows parties to agree on certain facts, which can streamline the trial process by reducing the number of issues to be proven.
What is included in a trial bundle?
A trial bundle includes all the documents and evidence that will be presented during the trial.
What is the purpose of a skeleton argument in a trial preparation?
The purpose of a skeleton argument is to outline the main points and legal arguments that will be presented during the trial.
How are judgments recorded during a trial?
Judgments are always recorded, and it is possible to obtain transcripts of them.
What actions must judgment creditors take during the breathing space period?
During the breathing space period, judgment creditors must stop all enforcement actions, cease any interest, fees, penalties, or charges on the debt, and refrain from contacting the debtor for payment unless permitted by the court.
How does an individual debtor initiate the breathing space process?
An individual debtor can approach a debt advice provider, such as a local authority, to request a breathing space based on their inability to repay debts.
Describe the purpose of the Debt Respite Scheme (Breathing Space Moratorium) in England and Wales.
The Debt Respite Scheme provides temporary protection for individuals who owe money, allowing them to request a 60-day ‘breathing space’ from debt enforcement actions while they seek debt advice.
What is the time frame for filing an order drawn up by a party?
The order must be filed no later than 7 days after the party becomes responsible for drawing it up.
What must a party file along with the order they are drawing up?
They must file sufficient copies for service on themselves and the other parties at the same time.
What is required of a party that is responsible for drawing up an order?
The party drawing the order up is required to file it no later than 7 days after becoming responsible for doing so.
Who typically draws up an order if not the court?
The order will be drawn up by a party if the court orders it, if a party agrees to do so with the court’s permission, or if the court dispenses with the need to draw it up.
Define a split trial in the context of legal proceedings.
A split trial is when the court first holds a trial to determine liability and, if the defendant is found liable, a subsequent trial or hearing is held later to assess the level of damages.
What is the appropriate way to refer to an opponent’s representative in court?
An opponent’s representative is referred to as ‘my learned friend’ if a barrister, or ‘my friend’ if a solicitor.
Define ‘reserved judgment’ in the context of a trial.
Reserved judgment refers to a situation where the judge decides to deliver the judgment at a later date due to the complexity of the case.
What is the structure of speeches at the end of the trial for both parties?
The defendant will give a closing speech followed by the claimant’s closing speech.
What type of questions are prohibited during re-examination?
Leading questions are not allowed in re-examination.
What is the protocol for a legal representative approaching the bench?
A legal representative should not approach the bench without permission.
Define the appropriate way for an advocate to make submissions in court.
An advocate should use phrases like ‘it is submitted…’ or ‘I submit…’ instead of indicating what they ‘think’.
Describe the protocol when a judge enters or leaves the courtroom.
Everyone must stand and wait for the judge to sit or leave the room before sitting down, and bow to the judge when the judge bows.
Define courtroom etiquette for legal representatives.
Courtroom etiquette includes dressing formally, standing when speaking, addressing the judge indirectly, and referring to opponents appropriately.
