Trial Flashcards
What should a representative do when speaking in court?
Stand when speaking and sit when not
How should a barrister be addressed in court?
‘my learned friend’
How should a solicitor be addressed in court?
‘my friend’
What should you do when the judge bows?
Bow when the judge bows
What should you do if you are the first to speak in court?
Introduce opponent by name, and state the party they represent. Then introduce yourself by way of the party you represent (not name)
What is included in the Claimant’s Opening Speech?
Describe nature of the claim and identify issues to be tried
This is done by reference to key documents
What constitutes the Claimant’s Case?
- Evidence called on behalf of the client
- W statements are the witness’s evidence in chief
- Witness stands and confirms it is theirs
- D’s counsel may then cross-examine the W (leading questions)
- C’s counsel can re-examine (non-leading qs)
What happens after the claimant’s witness is examined?
Defendant’s counsel may cross-examine the witness
What can the Claimant’s counsel do after cross-examination?
Re-examine the witness
What is the process for the Defendant’s Case?
Defence calls its evidence in the same way as the claimant
Who speaks last in the closing speeches?
C’s counsel speaks last after D’s counsel
What does the judgment do in legal proceedings?
Ends the claim and makes provision for costs
It is the final order
What does it mean if judgment is reserved?
The judge will deliver it at a later date
This is common in complicated matters
When is judgment usually circulated to parties?
By 4pm on the second working day before handing down
Allows parties to prepare costs submissions
What is important to note if you wish to appeal?
Make good notes of proceedings
Transcripts of witness evidence and legal arguments are unusual
What is a Disposal Hearing?
May hold a split trial where damages are assessed later. Disposal hearing is the later hearing where damages are assessed after liability is established.
What is involved in drawing up and serving judgments/orders?
Setting the order in a formal document to be sealed by the court
If the court does not draw up judgment, who can do it instead?
Any other party can do it no later than 7 days after becoming responsible to do so - must file sufficient copies for service on themselves and the other parties
The court will then seal it.
What happens if the party responsible for drawing up judgment fails to do so within the time limits?
Any other party can do it instead
When does a judgment/order take effect?
Takes effect from the date it is given or made (not when it is served).
Interest starts from the date the judgment is given
What is the rate of interest on a judgment debt?
Set at 8% per annum
This is the standard rate applied
What is the time limit to comply with a judgment?
14 days
Compliance is mandatory within this timeframe
What is a stay of execution?
A legal order to temporarily suspend the enforcement of a judgment
What does the Debt Respite Scheme allow?
An individual debtor to ask for breathing space of 60 days on the basis that they are unlikely to be able to pay their debts.
