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SQE1: Dispute Resolution > Trial & Appeals > Flashcards

Trial & Appeals Flashcards

1
Q

When should a witness summons be served?(timing)

A

At least 7 days before when witness required to attend

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2
Q

Is a witness summons binding?

A

Yes - if fail to appear, fine / prison for contempt (HC only)

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3
Q

What must a witness be offered or paid for a witness summons to be effective?

A
  1. Sum reasonably sufficient to cover their travel expenses and
  2. Compensation for loss of time
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4
Q

Which tracks must complete pre-trial checklist (aka listing questionnaire)?

A

Parties on the fast & multi tracks

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5
Q

What is the purpose of pre-trial checklists?

A

To ensure parties have complied with all directions & trial ready to proceed → judge reviews to decide whether further directions needed & whether review hearing necessary

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6
Q

What is the court likely to order on pre-trial checklist if case is complex?

A

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

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7
Q

When should the completed pre-trial checklist be filed at court?

A

No later than 8 weeks before trial date

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8
Q

What happens if neither party completes the pre-trial checklist?

A

If neither party comply, court will order that must file within 7 days or claim is struck out

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9
Q

What happens if one party does not complete the pre-trial checklist?

A

If only one party complies, court will set hearing to ensure case ready for trial

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10
Q

Generally, what is the max length of a trial bundle?

A

Should be no longer than 250 pages

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11
Q

Who prepares the trial bundle?

A

The claimant / their lawyer - but contents should be agreed wherever possible

nb. where claimant unrepresented, court may other another party must prepare & produce bundle

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12
Q

When must the trial bundle be filed?

A

Must be filed between 7 and 3 days before start of trial

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13
Q

What should be included in the trial bundle?

A

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
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14
Q

How is a witness addressed in the courtroom?

A

By their title & surname

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15
Q

How is a circuit judge addressed?

A

Your Honour

(County Court)

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16
Q

How is a District Judge addressed?

A

Judge

(County Court & High Court)

17
Q

How is a High Court Judge addressed?

A

My Lord/Lady

18
Q

How is a Lord Justice in the Court of Appeal & Supreme Court Justice addressed?

A

My Lord/Lady

19
Q

What is the difference between leading & non-leading questions?

A

Non-leading facilitate ‘telling story (who, what, when, where, how)

Leading: usually ‘yes’ or ‘no’ response (used in cross-e)

20
Q

What is the standard timetable for a fast track trial?

A
  1. Preliminary issues
  2. Opening speeches
  3. Examination-in-chief
  4. Cross-examination
  5. Re-examination
  6. Closing speeches
  7. Judgement
21
Q

When does a judgement take effect?

A

On the day it is made (unless specifies different date)

22
Q

What 4 things will a judgement address?

A

Liability
Quantum
Interest
Costs

23
Q

What are the two stages of appealing a civil judgement?

A

Stage 1: Applying for Permission

Stage 2: Proceeding to appeal

24
Q

What are the grounds for applying for permission to appeal?

A

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

25
Q

When can a request for appeal be made?

A

At the end of the trial

→ If permission granted, proceed to appeal - otherwise must apply to relevant appeal court

26
Q

What are the time limits for applying to appeal?

A

Against a County Court or High Court decision: 21 days

Against a Court of Appeal decision: 28 days

27
Q

What is the procedure for applying for appeal if permission is not granted on paper?

A

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)

28
Q

What are the grounds for appeal (as opposed to grounds for permission to appeal)?

A

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)

29
Q

What is the destination of an appeal of the decision of a district judge of the County Court?

A

Circuit judge of County Court

30
Q

What is the destination of an appeal of the decision of a master or district judge at the High Court?

A

High Court judge

31
Q

What is the destination of an appeal of the decision of a circuit judge?

A

High Court

32
Q

What is the destination of an appeal of the decision of a high court judge?

A

Court of Appeal

33
Q

What is a leapfrog appeal?

A

Heard by a higher appellate court than normal

34
Q

What are the grounds for a leapfrog appeal to the Court of Appeal (instead of County Court or High Court)?

A

Appeal raises an important point of principle or practice &/or some other compelling reason for Court of Appeal to hear it

35
Q

What are the grounds for a leapfrog appeal to the Supreme Court (from High Court judge, instead of to CA)

A

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

SQE1: Dispute Resolution (12 decks)

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