Trial & Appeals Flashcards
When should a witness summons be served?(timing)
At least 7 days before when witness required to attend
Is a witness summons binding?
Yes - if fail to appear, fine / prison for contempt (HC only)
What must a witness be offered or paid for a witness summons to be effective?
- Sum reasonably sufficient to cover their travel expenses and
- Compensation for loss of time
Which tracks must complete pre-trial checklist (aka listing questionnaire)?
Parties on the fast & multi tracks
What is the purpose of pre-trial checklists?
To ensure parties have complied with all directions & trial ready to proceed → judge reviews to decide whether further directions needed & whether review hearing necessary
What is the court likely to order on pre-trial checklist if case is complex?
If case complex (ie. lasting longer than 10 days), trial judge may order a pre-trial review to personally check progress
Parties’ representatives expected to attend
When should the completed pre-trial checklist be filed at court?
No later than 8 weeks before trial date
What happens if neither party completes the pre-trial checklist?
If neither party comply, court will order that must file within 7 days or claim is struck out
What happens if one party does not complete the pre-trial checklist?
If only one party complies, court will set hearing to ensure case ready for trial
Generally, what is the max length of a trial bundle?
Should be no longer than 250 pages
Who prepares the trial bundle?
The claimant / their lawyer - but contents should be agreed wherever possible
nb. where claimant unrepresented, court may other another party must prepare & produce bundle
When must the trial bundle be filed?
Must be filed between 7 and 3 days before start of trial
What should be included in the trial bundle?
All key documents including:
- Claim form & all the statements of case
- Case summary
- Requests for further info & responses
- Witness statements
- Notices of intention to rely on hearsay evidence
- Experts’ reports & responses
How is a witness addressed in the courtroom?
By their title & surname
How is a circuit judge addressed?
Your Honour
(County Court)
How is a District Judge addressed?
Judge
(County Court & High Court)
How is a High Court Judge addressed?
My Lord/Lady
How is a Lord Justice in the Court of Appeal & Supreme Court Justice addressed?
My Lord/Lady
What is the difference between leading & non-leading questions?
Non-leading facilitate ‘telling story (who, what, when, where, how)
Leading: usually ‘yes’ or ‘no’ response (used in cross-e)
What is the standard timetable for a fast track trial?
- Preliminary issues
- Opening speeches
- Examination-in-chief
- Cross-examination
- Re-examination
- Closing speeches
- Judgement
When does a judgement take effect?
On the day it is made (unless specifies different date)
What 4 things will a judgement address?
Liability
Quantum
Interest
Costs
What are the two stages of appealing a civil judgement?
Stage 1: Applying for Permission
Stage 2: Proceeding to appeal
What are the grounds for applying for permission to appeal?
Appeal has
- A real prospect of success or
- There is some other compelling reason why it should be heard
and if appeal is to Court of Appeal or Supreme Court: must raise an important point of principle or practice
When can a request for appeal be made?
At the end of the trial
→ If permission granted, proceed to appeal - otherwise must apply to relevant appeal court
What are the time limits for applying to appeal?
Against a County Court or High Court decision: 21 days
Against a Court of Appeal decision: 28 days
What is the procedure for applying for appeal if permission is not granted on paper?
County Court or High Court: request decision be reconsidered at oral hearing
Court of Appeal: judge may list oral hearing → if so, must do so no later than 14 days after relevant direction (where has decided application cannot be fairly determined without presence of the parties)
What are the grounds for appeal (as opposed to grounds for permission to appeal)?
Must persuade appeal court that decision of lower court was either:
a. Wrong (as to law, interpretation of facts, exercise of discretion) or
b. Unjust (because of serious procedural irregularity in proceedings of lower court)
What is the destination of an appeal of the decision of a district judge of the County Court?
Circuit judge of County Court
What is the destination of an appeal of the decision of a master or district judge at the High Court?
High Court judge
What is the destination of an appeal of the decision of a circuit judge?
High Court
What is the destination of an appeal of the decision of a high court judge?
Court of Appeal
What is a leapfrog appeal?
Heard by a higher appellate court than normal
What are the grounds for a leapfrog appeal to the Court of Appeal (instead of County Court or High Court)?
Appeal raises an important point of principle or practice &/or some other compelling reason for Court of Appeal to hear it
What are the grounds for a leapfrog appeal to the Supreme Court (from High Court judge, instead of to CA)
I. High Court Judge grants certificate that case involves point of law of general public importance concerning
(a) Construction of a statute or a matter already fully considered by CA or SC or
(b) matter of national importance or so significant that hearing by SC is justified
AND
II. Supreme Court grants permission
