Trial And Post-Trial Flashcards
What does a witness summons require
Requires witnesses to attend court, produce docs or both
Can you pay witnesses
Must offer sum to compensate for loss of time and cover travel expenses
What to do if some trial dates are inconvenient
Include in questionnaire and pre trial checklist inconvenient dates
When to serve a witness summons
At least 7 days before court date
Is a witness summons binding
Yes fine or imprisonment if non attendance
Do you need a separate summons for each witness
Yes
Should a witness summons be used for an expert
Only if the expert requires this
Who should prepare the bundle
The claimants legal representatives
Are original docs necessary for a bundle
Yes
Can illegible docs but used in a bundle
They should be typed up and cross referenced
What to include in a bundle under PD39A
Claim form Statements of case Witness statements Expert reports Any order giving directions on conduct of trial Don’t include disclosure list
What does professional conduct outcome 5.1 require
Solicitor must never deceive or knowingly or recklessly mislead the court
What are the order of proceedings at a trial
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
Can children be witnesses
If they understand the oath/ needed to be truthful and have sufficient understanding
Ways of enforcing a judgement
Attachment of earnings
Third party debt orders
Taking control of goods
Charging order on land
Attachment of earnings part 89
Made in CC not HC
Compels the debtors employer to make deductions from earning and pay them to court
Third party debt orders part 72
An order requiring money owed to be paid to enforcement agency
Charging order on land part 73
Can be on jointly owned land
Apply to court for sale and get money from proceeds
Register charge
Taking control of goods part 83
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
How are costs awarded
Standard or indemnity basis
Standard unless court orders otherwise
Requirements for costs to be recoverable
Proportionate and reasonably incurred and reasonable in amount
What factors will a court consider when deciding amount of costs receiving party should get
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
Will interest be awarded with costs
Only if claimed in particulars
Up until date of judgement
What is the test for proportionality of costs under rule 44.3(5)
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
What happens if costs are not proportion to the matter in issue
Disproportionate costs may be disallowed or reduced even if they were reasonably incurred and reasonable in amount
How to tell is costs are reasonably incurred and reasonable in amount
Objective test
Lowest amount party could reasonably be expected to spend to ensure case was conducted and presented proficiently
What are the two ways costs are assessed at the end of a trial
Summary assessment and detailed assessment by costs officers
When will a summary assessment of costs be appropriate
Fast track or 1 day trial
What is required from the parties when a summary assessment of costs is made
Submit break down of costs 24 hours before hearing
What does the receiving party serve on the paying party when a detailed assessment of costs is ordered
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
Options when a detailed assessment of costs is ordered
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
