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Dispute Resolution > Trials And Appeals > Flashcards

Trials And Appeals Flashcards

1
Q

Once trial commences, who is repsonsible for the case?

A

The advocate.

If more complex, usually conducted by barrister or solicitor advocate

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2
Q

To ensure there are no issues on the day, what should witnesses be asked?

A

Be asked at an early stage if there are any dates that they cannot a attend, and be notified on the trail date without delay

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3
Q

Where must the details of the witness availability be shown for the court?

A

Must be given to the court on the directions questionnaire, and also in pre-trial checklists as the case approaches the final hearing.

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4
Q

What is a witness summons?

A

If there is any doubt that a witness may not appear voluntarily, the matter should be taken to a document, requiring a witness to attend court to give evidnece, or produce documents to the court.

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5
Q

When must the witness summons be served?

A

At least 7 days before the date of attendance required. Otherwise, court permission is needed.

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6
Q

What happens if a witness does not come after a witness summons?

A

It is binding, therefore the witness may be fined or even, iin high court proceedings, imprisoned for contempt.

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7
Q

What is the witness offered or paid when a witness summons is served?

A

A sum reasonably sufficient to cover their expenses in travelling to and from the court, and compensation for loss of time as specified in part 34.

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8
Q

What is the advantage of a witness summons?

A

The judge is more likely to be sympathetic to the adjournment of the trial, should the witness fail to attend.

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9
Q

What is a pre-trial checklist (listing questionnaire)

A

Because when the parties approach trial there is such a rush of activity, listing questionnaires ensure the parties have complied with all the directions and the trial is ready to proceed

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10
Q

When must the listing questionnaire be completed and filed at court?

A

No later than 8 weeks before the trial date.

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11
Q

What is the role of the judges during a listing questionnaire?

A

The judge will review the checklists to decide whether further directions are needed and whether a review hearing is necessary before the trial.

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12
Q

What happens if the parties FAIL to comply with the listing questionnaires?

A

If neither party comply, the court will order that unless a completed checklist is filed within 7 DAYS, the claim, defence and counterclaim will be struck out.

If only one part does, the court will fix a hearing to ensure the case is ready for trial.

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13
Q

What will the Judge order if there is a heavy case that will last longer than 10 days?

A

The trial judge may order a pre-trial review to personally check the progress of the matters.

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14
Q

What will the court do after pre-trial checklists have been completed? (4)

A

Trial timetable
Place for trial
Date of trial
Trail bundle ordered

Give a time estimate and set a timetable for trial if necessary -
Fix the place of trial
Confirm the actual date of teh trail and state the week that it will begin
Order a trial bundle of documents to be prepared

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15
Q

What is a trial bundle?

A

All the documents the judge may need to decide the case. It is indexed and paginated for ease for reference so that the documents can be accessed quickly.

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16
Q

How long should the trial bundle be MAX?

A

250 pages

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17
Q

Who produces the trial bundle?

A

The claimant side. They have the conduct of teh claim on their behalf, therefore will prepare the bundle

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18
Q

When must the trial bundle be filed?

A

7 - 3 days before the start of the trial

19
Q

What key documents hsould be included in the trail bundle?

A

The claim form and statements of cas e
Case summary
Requests for further information and responses
Witness statements
Notice of intentions to rely on hearsay evidence
Exports reports and responses
Direcitons orders
Any other necessary documents with evidence

20
Q

What is a case summary?

A

This is a file that assists the court and parties by indicating which points are still in issue and the disputed matters

21
Q

When do you use a case summary?

A

In multi-track cases.

22
Q

What 3 things will be included in a case summary?

A

Review party;s submissions of the fact in relation to each of the issues with reference to the evidence

Set out any propositions of law to be relied on

Identify any key documents that the trial judge should read before trail starts.

23
Q

What is the court took etiquette for a civi trial?

A

Stand when speaking
Witnesses addressed by Mr/Ms last name
Children first name
Phones switched off
Food not eaten

24
Q

What is the mode of address for county court?

A

Circuit : your honour
District: judge

25
Q

What ist he mode of address for the high court?

A

Judge : my ld/lady
District : judge

26
Q

What is the mode of address for court of appeal or Supreme Court?

A

Lord justice: my lord/lady

Supreme Court justice: My lord/lady

27
Q

What venue will the hearing take place?

A

County court has hearing centres throughout England and wales and both fast and multitrack cases iwll take place in these.

High court is based at Royal Courts of Justice in london, but there are also district registries in many cities

28
Q

What is the trial timetable?

A

A specific timetable made ina dance as the trial will be listed for several days.

29
Q

What is included in a trial timetable?

A

Preliminary issues
Opening speeches
Examination in chief
Cross examination
Re-examination
Closing speeches
Judgement

30
Q

What are the 4 issues decided durin judement?

A

Liability
Quantum (sum of money)
Interest
Costs

31
Q

What happens if a witness is hostile or unfavourable/

A

This is if the witness forgot a fact and now interprets it differently, or comes up to proof because they are unwilling to support he party who called them.

32
Q

What are the grounds for permission to appeal?

A

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

If the appeal is the the COA or SC, the case must ALSO raise an important point of principle or law

33
Q

DO you have an automatic right for the permission to appeal?

A

There is NO RIGHT to appeal, therefore you must obtain permission. CPR 52

34
Q

What is the procedure to permission to appeal?

A

The request will be made at the end fo the trial, and the judge will decide whether to grant permission

If request is unsuccessful, or none is made, then the party can apply for permission form the appeal court ITSELF.

They will deal with this on paper, without a hearing.

COA however, the justice must list the matter for an oral hearing no alter than 14 days after relevant direction.

35
Q

How long after relevant direction, can one apply for permisison to appeal to COA?

A

14 days

36
Q

How long ones the aggrieved part have to appeal against a county court or high court decision?

A

21 days

37
Q

How long does one have to apply for leave to appeal form the court of appeal to Supreme Court?

A

28 days

38
Q

What is the destination of appeals?

A

Usually the next court up.

This depends on the court from the decision teh appeal s brought (lower court), and who made the decision.

39
Q

What are the 4 destinations for appeals?

A

District judge of county - circuit judge of county

Circuit judge - high court judge

Master/district judge of high - high court judge

High court judge - COA

40
Q

What are leapfrog appeals?

A

This is when the appeal is heard by a HIGHER appellate than usual.

Jump to COA instead of High

This is when it raises an important point of principle or practice, or there is some other compelling reason why teh COA should hear it.

Jump t the Supreme Court, instead of the COA

This is where there is an issue deemed of SUFFICIENT IMPORTANCE.this is exceptional circumstnaces

41
Q

What are the two stages of the leapfrog appeal?

A

The grant of the leapfrog certificate by the trial jude

The grant of permission to appeal by Supreme Court

42
Q

On what basis may an appeal court grant an appeal? (Te appellant will have to persuade them)

A

Persuade them that the lower court was either:
Wrong (law, interpretation of facts or exercise of discretion)
Or
Unjust because of a serious procedural irregularity in the proceedings of the lower court

43
Q

What is the difference between applying for the permission to appeal, and the grounds of appeal?

A

The grounds for application is:

A real prpect of success
Some other compelling reason why it should be heard
COA and SC: raises important point of practice or law

Grounds for APPEAL:

If decision was WRONG (law, facts, discretion) or
Unjust because of procedural irregularity in the proceedings of the lower court

Dispute Resolution (12 decks)

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