Trials and appeals

Question 1

When must details of a witness’s availability be provided to the court?

Answer 1

1. On the directions questionnaire (early in the proceedings), and
2. In the pre-trial checklists as the case approaches the final hearing

Question 2

What is a witness summons, and what does it require a witness to do?

Answer 2

A witness summons is a court-issued document requiring a witness to:

1. Attend court to give evidence, and/or
2. Produce documents to the court.

Question 3

When must a witness summons be issued and served?

Answer 3

A witness summons must be:

• Issued and served at least 7 days before the court date.
• If served later, the court’s permission is required

Question 4

What happens if a witness fails to comply with a witness summons?

Answer 4

If a witness fails to comply with a valid summons:

• They may be fined, or
• In High Court proceedings, they could face imprisonment for contempt.

Question 5

what requirements must be met for a witness summons to be effective?

Answer 5

to be effective a witness must be offered or paid:

(a) a sum reasonably sufficient to cover their expenses in travelling to and from the court; and
(b) compensation for loss of time as specified in Part 34.

Question 6

What is the purpose of pre-trial checklists (listing questionnaires)?

Answer 6

The purpose of pre-trial checklists is to:

• Ensure the parties have complied with all directions.
• Confirm the trial is ready to proceed smoothly and avoid adjournments.

Question 7

When must the pre-trial checklist be filed at court?

Answer 7

The pre-trial checklist must be filed no later than 8 weeks before the trial date.

Question 8

What happens if neither party files a pre-trial checklist?

Answer 8

The court will order that unless a completed checklist is filed within seven days, the claim, defence, and counterclaim will be struck out.

Question 9

What happens if only one party files a pre-trial checklist?

Answer 9

The court will fix a hearing to ensure the case is ready for trial.

Question 10

When is a pre-trial review typically ordered?

Answer 10

A pre-trial review is generally ordered in heavy cases, typically where the trial is likely to last longer than 10 days

Question 11

What is the purpose of a pre-trial review?

Answer 11

The purpose is for the trial judge to:

• Personally check the progress of the matter.
• Resolve any last-minute issues to prevent wasting court resources

Question 12

What is a trial bundle?

Answer 12

A trial bundle is a file containing all documents the judge may need to decide the case. It should generally not exceed 250 pages.

Question 13

Who is responsible for preparing the trial bundle?

Answer 13

The claimant or their legal representative typically prepares the trial bundle, but the contents should be agreed upon by all parties whenever possible.

Question 14

What key documents are included in a trial bundle?

Answer 14

∘ the claim form and all statements of case;
∘ a case summary and/or chronology where appropriate;
∘ requests for further information and responses;
∘ witness statements;
∘ notices of intention to rely on hearsay evidence;
∘ experts’ reports and responses;
∘ directions orders; and
∘ any other necessary documents containing evidence that a party intends to rely on.

Question 15

What is the purpose of a case summary in multi-track cases?

Answer 15

A case summary assists the court and parties by:

• Indicating what points are still in issue.
• Outlining the nature of the argument about the disputed matters.

Question 16

What should a case summary include?

Answer 16

A case summary should concisely:
(a) Review the party’s submissions of fact related to each issue, with reference to evidence.

(b) Set out any propositions of law to be relied upon.

(c) Identify key documents the trial judge should read before the trial starts.

Question 17

How should a County Court Circuit Judge be addressed?

Answer 17

As Your Honour.

Question 18

How should a District Judge be addressed?

Answer 18

As Judge

Question 19

How should a High Court Judge be addressed?

Answer 19

As My Lord or My Lady.

Question 20

How should a Court of Appeal Lord Justice be addressed?

Answer 20

As My Lord or My Lady.

Question 21

How should a Supreme Court Justice be addressed

Answer 21

As My Lord or My Lady.

Question 22

What happens during examination-in-chief?

Answer 22

The claimant and their witnesses of fact are called first. Their witness statement stands as evidence-in-chief. The witness takes an oath or affirmation, identifies their statement in the trial bundle, and confirms it is true.

Question 23

during examination in chief are witnesses allowed to give more evidence?

Answer 23

only with judges permission.

Question 24

where additional evidence is allowed, what type of questions is the advocate allowed to ask in examination in chief?

Answer 24

The advocate can only ask open questions (e.g., “What did you see?” or “What happened next?”). They cannot lead on disputed matters.

Question 25

What kind of questions can be asked during cross-examination?

Answer 25

Advocates may ask leading or closed questions

Question 26

What is the purpose of cross-examination?

Answer 26

• Challenge the witness’s evidence and avoid implying acceptance of it.
• Highlight inconsistencies or gaps to make the witness appear less credible.

Question 27

What happens during re-examination?

Answer 27

The witness may be re-examined by their own advocate, but only on matters raised during cross-examination. Only open questions may be asked, and the lawyer must consider whether re-examination will improve the situation.

Question 28

What is the purpose of closing speeches?

Answer 28

Closing speeches summarize the law and facts in the most favorable light to convince the judge of their case. Typically, the defence advocate speaks first, followed by the claimant’s advocate.

Question 29

What is required for permission to be granted for first appeal

Answer 29

• The court considers that the appeal has a real prospect of success or,
• there is some other compelling reason to hear the appeal, such as an important question of law or general policy.

Question 30

what are the requirements for permission for second appeals?

Answer 30

Permission is required from the Court of Appeal, and the grounds are:

1. The same as for first appeals (real prospect of success or compelling reason).
2. The appeal must also raise an important point of principle or practice.

Question 31

What is the procedure for obtaining permission to appeal?

Answer 31

• Request permission at the end of the trial, with the judge deciding whether to grant it.
• If denied, the party can apply to the appeal court.
• the judge may list an oral hearing and must do so within 14 days if the application cannot be fairly determined without one

Question 32

What is the timing for appealing decisions?

Answer 32

• 21 days to appeal a County Court or High Court decision.
• 28 days to apply for leave to appeal from the Court of Appeal to the Supreme Court.

Question 33

When can a leapfrog appeal be granted?

Answer 33

A leapfrog appeal can be granted if the case raises an important point of principle or practice, or there is a compelling reason why the Court of Appeal or Supreme Court should hear it - or of national importance.

Question 34

What are the two stages in a leapfrog appeal?

Answer 34

(a) the grant of a leapfrog certificate by the trial judge; and

(b) the grant of permission to appeal by the Supreme Court.

Question 35

is a hostile witness’s evidence inadmissible?

Answer 35

A witness being declared hostile does not render their evidence inadmissible. A hostile witness can however be cross-examined as if they were a witness for the other side.