Trial And Post-Trial

Question 1

What does a witness summons require

Answer 1

Requires witnesses to attend court, produce docs or both

Question 2

Can you pay witnesses

Answer 2

Must offer sum to compensate for loss of time and cover travel expenses

Question 3

What to do if some trial dates are inconvenient

Answer 3

Include in questionnaire and pre trial checklist inconvenient dates

Question 4

When to serve a witness summons

Answer 4

At least 7 days before court date

Question 5

Is a witness summons binding

Answer 5

Yes fine or imprisonment if non attendance

Question 6

Do you need a separate summons for each witness

Answer 6

Yes

Question 7

Should a witness summons be used for an expert

Answer 7

Only if the expert requires this

Question 8

Who should prepare the bundle

Answer 8

The claimants legal representatives

Question 9

Are original docs necessary for a bundle

Answer 9

Yes

Question 10

Can illegible docs but used in a bundle

Answer 10

They should be typed up and cross referenced

Question 11

What to include in a bundle under PD39A

Answer 11

Claim form 
Statements of case
Witness statements 
Expert reports 
Any order giving directions on conduct of trial 
Don’t include disclosure list

Question 12

What does professional conduct outcome 5.1 require

Answer 12

Solicitor must never deceive or knowingly or recklessly mislead the court

Question 13

What are the order of proceedings at a trial

Answer 13

Preliminary issues
C makes opening speech setting out background and facts
C gives evidence. Cross examine. Re-examine
D gives evidence. Cross examine. Re-examine
Closing speeches. D and then c
Judgement and enforcement

Question 14

Can children be witnesses

Answer 14

If they understand the oath/ needed to be truthful and have sufficient understanding

Question 15

Ways of enforcing a judgement

Answer 15

Attachment of earnings
Third party debt orders
Taking control of goods
Charging order on land

Question 16

Attachment of earnings part 89

Answer 16

Made in CC not HC

Compels the debtors employer to make deductions from earning and pay them to court

Question 17

Third party debt orders part 72

Answer 17

An order requiring money owed to be paid to enforcement agency

Question 18

Charging order on land part 73

Answer 18

Can be on jointly owned land
Apply to court for sale and get money from proceeds
Register charge

Question 19

Taking control of goods part 83

Answer 19

Enforcement agent can sieze and sell personal goods

Individuals not companies

Not hire goods, goods necessary for job or study, clothing, bedding, furniture or household equipment

Question 20

How are costs awarded

Answer 20

Standard or indemnity basis

Standard unless court orders otherwise

Question 21

Requirements for costs to be recoverable

Answer 21

Proportionate and reasonably incurred and reasonable in amount

Question 22

What factors will a court consider when deciding amount of costs receiving party should get

Answer 22

Receiving party’s last approved budget 
Complexity of matter
Time spent on case 
Amount of money / property 
Importance of matter 
Efforts to resolve 
Conduct of parties

Question 23

Will interest be awarded with costs

Answer 23

Only if claimed in particulars

Up until date of judgement

Question 24

What is the test for proportionality of costs under rule 44.3(5)

Answer 24

Costs are proportionate if they vest a reasonable relationship to:
The sums in issue in the proceedings
The value of any non-monetary relief in issue
Complexity of litigation
Any additional work generated by conduct of paying party
Wider factors eg public importance

Question 25

What happens if costs are not proportion to the matter in issue

Answer 25

Disproportionate costs may be disallowed or reduced even if they were reasonably incurred and reasonable in amount

Question 26

How to tell is costs are reasonably incurred and reasonable in amount

Answer 26

Objective test

Lowest amount party could reasonably be expected to spend to ensure case was conducted and presented proficiently

Question 27

What are the two ways costs are assessed at the end of a trial

Answer 27

Summary assessment and detailed assessment by costs officers

Question 28

When will a summary assessment of costs be appropriate

Answer 28

Fast track or 1 day trial

Question 29

What is required from the parties when a summary assessment of costs is made

Answer 29

Submit break down of costs 24 hours before hearing

Question 30

What does the receiving party serve on the paying party when a detailed assessment of costs is ordered

Answer 30

Notice of commencement and details of people it is served on
Bill of costs
Fee note of counsel and experts
Written evidence of disbursements over £500
If cost management order made- breakdown of costs for each phase

Question 31

Options when a detailed assessment of costs is ordered

Answer 31

Paying party has 21 days from notice of commencement to serve points of dispute on receiving party
They have 21 days to respond
If there is no dispute receiving party can get a default costs certificate ordering them to pay
If there is dispute there is a hearing to decide what is payable and final bill must be submitted within 14 days by receiving party
If amount claimed is less than £75,000 there is a provisional hearing within 6 weeks of parties requesting detailed assessment
Parties have 14 days to agree on basis of provisional assessment
If no agreement can challenge but if not adjustment of at least 20% in favour of requesting party then they pay costs of hearing