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
