Trial, appeals and enforcement of money judgments

Question 1

witness summons

Answer 1

either requires a witness to attend court or to produce documents for the court’s benefit. If the court accepts the application, they will serve the witness with a summons, alongside an offer for the party requiring the witness’s attendance to pay that witness’s expenses to attend court or compensation for loss of working time

Question 2

Requirements and procedures for a witness summons and failure to comply with it

Answer 2

• must be accompanied by an offer to compensate for expenses or lost time (if not it is invalid)
• must be served at least seven days before the court date
• if W fails to attend then can be fined or even held in contempt of court (someone has unfairly influenced a court case)

Question 3

Pre-trial checklist document checks…

Answer 3

• if parties have complied with directions
• any need for last minute directions
• who will be giving oral, witness, and expert evidence
• will the party themself, solicitor or barrister be presenting the case at trial
• whether the time estimate for the trial is still accurate

Question 4

when is the pre-trial checklist filed?

Answer 4

filed by all parties 8 weeks prior to the commencement of the trial date

Question 5

pre-trial review

Answer 5

specific hearing that takes place around 10 weeks prior to the trial in multi-track trials that are schedules to take place over a number of days. The court will check that the parties have complied with all order and directions, issue a direction for all parties to file a trial bundle and set the trial timetable

Question 6

How is a trial conducted?

Answer 6

• Opening Speeches
• Witnesses
• Closing speeches
• Judgment

Question 7

Grounds for an appeal

Answer 7

• decision of the lower court was wrong
• decision was unjust due to serious procedural or other irregularity in proceedings

Question 8

What does the court consider when granting appeal

Answer 8

• the appeal has a real prospect of success or
• there is some other compelling reason why the appeal should be heard

Question 9

Time limits to appeal

Answer 9

County/High court - 21 days from og decision and apply
CoA - 28 days

Question 10

Destination of appeals

Answer 10

• DJ in CC = CJ in CC
• CJ in CC = HCJ in HC
• Master in HC = HCJ in HC
• HCJ in HC = COA

Question 11

Who enforces money judgments?

Answer 11

The court once C applies