14. Trial

Question 1

If a case is settled before trial, other than via a Part 36 Order (discussed further on), what must the parties do?

Answer 1

Record the terms of the agreement in writing in an appropriately worded consent order

Question 2

What is the usual order used to record settlement and what is the consequence of not using an order?

Answer 2

Tomlin Order.

If no order is used, there is no enforceable obligation regarding (i.e. automatic right to) payment.

Question 3

What are the two parts of a Tomlin Order?

Answer 3

1. The order, which confirms the parties have agreed settlement and that the case is stayed pending the settlement terms being carried out, and
2. A schedule confirming the amount to be paid, by whom, and by what date

Question 4

What is the limitation period to enforce a Tomlin Order?

Answer 4

6 years - since it is basically a contract…

Question 5

When do pre-trial hearings take place?

Answer 5

At least 10 weeks before trial

Question 6

What are the parties required to file and serve ahead of the pre-trial hearing?

Answer 6

A case summary (agreed where possible) together with a list of issues

Question 7

What is the maximum word count for the case summary?

Answer 7

500 words

Question 8

What three things should the case summary clearly specify?

Answer 8

1. Issues of fact
2. What is in dispute
3. Synopsis of the evidence

Question 9

How many copies of a witness summons must a party give to the court, per witness, if the court is serving the witness?

Answer 9

Two summonses per witness. One for service, and one for the court

Question 10

What is conduct money, and what is the maximum payable?

Answer 10

An appropriate sum, with a maximum of £67, sent to a witness to cover their expenses in attending and compensating them for lost time

Question 11

What is the effect of conduct money not being included in the summons?

Answer 11

The summons is not effective

Question 12

For a witness summons to be effective, how long before trial must it be served on the witness?

Answer 12

7 days

Question 13

How many trial bundles should the claimant’s solicitor prepare, and who bears the expense of this?

Answer 13

The claimant’s solicitor must prepare one bundle for each party and witness, and the claimant bears the expense of this

Question 14

In what two circumstances will court permission be required to discontinue a case?

Answer 14

1. Court has granted an interim injunction
2. Claimant has received an interim payment (unless paying party consents)

Question 15

From a cost perspective, what is the consequence for the claimant of discontinuing a case?

Answer 15

They are liable to pay the defendant’s costs up until that point (subject to cost shifting, discussed in chapter 16)

Question 16

When must the claimant file the trial bundle?

Answer 16

Not more than 7 days and not less than 3 days before the start of the trial.

Question 17

What is the procedure to complete, exchange, and file the Pre-trial Checklist?

Answer 17

send to opponent at least 14 days before trial
* filing date is set by court and will be at least 8 weeks before trial date.

Question 18

What are the consequences where both parties fail to file their Pre-trial checklists?

Answer 18

court will likely grant an unless order, giving parties 7 days to comply.
* with failure to, resulting in case being struck out

Question 19

How do you address a Circuit judge in the County Court?

Answer 19

Your honour

Question 20

How do you address a District judge in the County Court?

Answer 20

Sir/Madam