Trial, Appeals and Enforcement Flashcards
What does a pre-trial checklist do?
-Check that the case management directions previously given have been complied with
-Give any further necessary directions
-Fix a date for trial
When is the due date to file a pre-trial checklist?
The due date will be at least 8 weeks prior to the trial date/trial window.
What is the purpose of a pre-trial review?
To check that the parties have complied with all previous orders and directions, and to give directions for conduct of the trial.
What is the purpose of a trial bundle?
To ensure that all relevant material is before the Court at trial so that the trial proceeds smoothly and expeditiously.
When must the C file the trial bundle with the Court?
No more than 7 days and no less than 3 clear days before the trial begins.
When should a reading list be lodged with the trial bundles?
In all High Court cases in the Chancery Division and KDB.
This must set out an estimate of the reading time the judge is likely to require to get to know the case and should be signed by all advocates.
When must skeleton arguments be prepared?
These must be prepared for High Court trials, concisely summarising the submissions to be made and citing the authorities to be relied upon
When must a list of authorities be submitted to the High Court before trial?
By 5pm the day before the hearing. It is usual to agree and exchange a list of authorities with the other side.
What is a case summary?
A short, non-contentious summary of the issues in the case should be prepared, generally agreed by the parties.
What is a notice to admit facts/documents and what are their purpose?
These notices relate to evidence.
The purpose of a notice to admit facts is to formally ask the other party to admit a particular factual point that is an issue in the case, in order to narrow the issues in dispute at trial.
How may a reluctant witness or an expert witness be compelled to give evidence at trial?
By issuing and serving on them a witness summons in Form N20.
What is an opponent’s representative referred to as during trial?
‘My learned friend’ if a barrister, or ‘my friend’ if a solicitor.
How should submissions be advanced at trial?
An advocate should never indicate what they think-submissions should be advanced using ‘it is submitted’ or ‘I submit’.
What is the likely order of events at trial?
- C’s opening speech
- C’s case-Counsel for D can cross-examine the witnesses using leading questions. Counsel may re-examine using non-leading questions
- D’s case-same procedure as C’s case
- Closing speeches-C to go last
- Judgments and final orders
When will a judge usually circulate a draft judgment by?
By 4pm on the second working day before handing down so the parties can prepare costs submissions.
What does drawing up an order mean and when must a party file a drawn up order?
‘Drawing up’ an order means setting the order out in the formal document to be sealed by the Court.
If an order is to be drawn up by a party, the party drawing the order up is required to file it no later than 7 days after becoming responsible for doing so.
When does a judgment/final order take effect?
A judgment/order is effective from the date it is given or made, not served.
What is the time limit to comply with a judgment or order for the payment of an amount of money?
14 days, as per CPR 40.11.
What is the general rule regarding costs at trial?
The general rule is that costs follow the event under CPR 44.
However, the Court has complete discretion in this area and can depart from the general rule in certain cases.
What are enforcement proceedings?
Enforcement proceedings are the steps taken post judgment by the successful party in order to obtain payment from the unsuccessful party, who is described as the judgment debtor.
