DR: Trial Flashcards
(21 cards)
What distinguishes a final order from an interim order?
A final order (judgment) ends the claim, resolving the issues; an interim order is made before trial and does not conclude the claim, dealing with procedural or interim matters
What is a consent order and when is it used?
A consent order records parties’ agreement to settle and is approved by the court; it may be a simple contractual order or a Tomlin Order, made when the claim is at an end by settlement
What are the two parts of a Tomlin Order?
Part 1 is the public order (e.g., stay of proceedings, payment directions) enforceable by the court; Part 2 is a confidential schedule containing detailed settlement terms not filed in public
When is a judgment or order effective?
From the date it is given or made by the court, not when served on the parties
How long do parties have to comply with a money judgment or order?
Fourteen days from the date of the judgment or order, unless the court specifies a different compliance period
What interest runs on a judgment debt and from when?
Interest accrues at 8% per annum on the judgment debt from the date the judgment is given until payment
What is the purpose of the slip rule under CPR 40.12?
To correct clerical or typographical errors in a judgment or order after it is made, without altering substantive rights
Who is responsible for drawing up a court order, and within what timeframe?
Unless the court directs otherwise, the party ordered to draw up the order must file it within seven days of becoming responsible, so the court can seal it
What happens if no party draws up an order within the seven-day limit?
Any other party may draw up the order, and the court may check and approve contents before sealing
What steps should a lawyer take when preparing for trial?
File a pre-trial checklist identifying compliance with directions, required further directions, expert and witness availability, estimate trial length, and proposed timetable; prepare and agree the trial bundle, reading list, skeleton arguments, and case summary
What is the purpose of a pre-trial checklist (N170)?
To confirm compliance with case management directions, identify any outstanding steps, request further directions, and ensure the case is ready and listed for trial
When is the pre-trial checklist due?
At least eight weeks before trial, with 14 days’ notice for filing, and parties are encouraged to exchange completed checklists beforehand to avoid conflicting information
What is a pre-trial review (PTR)?
A hearing to confirm compliance with directions, give any further directions needed for trial conduct, and fix or confirm the trial date, venue, and time estimate
What are the key contents of a trial bundle?
Claim form and statements of case, case summary/chronology, disclosure documents, witness statements and summaries, expert reports, hearsay notices, orders giving trial directions, and any other necessary documents, all paginated and indexed
Who must file and serve the trial bundle, and when?
The claimant must file the trial bundle with the court seven to three days before trial and serve identical copies on all parties and witnesses in time for their use at trial
What is a skeleton argument and when is it required?
A concise written summary of the submissions and authorities to be relied on in closing, required in High Court trials and exchanged between advocates before trial
What is the purpose of a reading list in High Court trials?
To estimate and notify the judge of the time needed to read key documents and authorities before trial, filed by 5pm the day before the hearing
How is witness attendance at trial secured if a witness is reluctant?
By issuing a witness summons (Form N20) compelling the witness to attend and/or produce documents, under CPR 34.2
What are the basic courtroom etiquette rules for trial?
Dress formally; stand when the judge enters or leaves and bow when the judge bows; address the judge indirectly (e.g., ‘Has Your Honour received…’); refer to opponents as ‘my learned friend’ or ‘my friend’
What is the typical order of events at trial?
Claimant’s opening speech; claimant’s case (evidence in chief, cross-examination, re-examination); defendant’s case (opening speech if any, evidence in chief, cross-examination, re-examination); defendant’s closing speech; claimant’s closing speech
What role does a disposal hearing play in a split trial?
After liability is decided, a disposal hearing determines damages at a later date when quantum evidence differs from liability evidence
