Trial Flashcards
(55 cards)
Describe when a judgment or order becomes effective.
A judgment or order is effective from the date it is given or made, not from the date it is served.
How is interest on a judgment debt calculated after a judgment is given?
Interest on the judgment debt starts to run from the date on which the judgment is given.
Define the rate of interest on judgment debts according to the Judgments Act 1838.
The rate of interest on judgment debts is set at 8% per annum under section 17 of the Judgments Act 1838 (as amended).
What is the time limit for complying with a judgment or order for payment of money?
Parties have a time limit of 14 days to comply with a judgment or order for the payment of an amount of money, unless otherwise specified by the court.
How should one approach researching the possibility of setting aside an order?
One should research the specific case, relevant authorities, and provisions applicable to that type of case to determine the possibility of applying to set aside an order.
Define the term ‘slip rule’ in the context of court orders.
The slip rule refers to the provision that allows courts to correct minor errors in judgments and orders without making substantive changes.
How does a trial bundle assist advocates and judges?
A trial bundle assists advocates in preparing and presenting their cases effectively, while it helps judges identify any pre-trial reading.
How can reluctant witnesses be compelled to attend trial?
Reluctant witnesses can be compelled to attend trial by issuing and serving a witness summons in Form N20, which may require them to give oral evidence or produce specified documents.
Define the term ‘refresher’ in the context of trial fees.
A ‘refresher’ is an agreed fee paid per day for subsequent days of trial after the first day.
What is typically included in the brief fee agreement with counsel’s clerk?
The brief fee agreement usually covers preparation for the trial and the first day of the trial, with potential for staged payments and written agreements on specific inclusions.
How does the complexity of a case affect the brief provided to counsel?
In complex multi-track cases, counsel is usually involved throughout and does not require a detailed brief. In smaller, less complex cases, the brief must summarize the entire case to date for proper preparation.
What are the potential consequences for a party that does not admit a fact when given the chance?
If the judge agrees that the fact was correct, the party that did not admit it may face cost consequences and may not be treated as favorably regarding costs at the end of the case.
Describe the purpose of a notice to admit facts in legal proceedings.
The purpose of a notice to admit facts is to formally ask the other party to admit a particular factual point that is in issue in the case, potentially avoiding the need to call evidence to prove it at trial.
Define a skeleton argument in the context of High Court trials.
A skeleton argument is a concise summary of the submissions to be made in a High Court trial, including citations of the authorities that will be relied upon.
Describe the purpose of a reading list in High Court cases.
A reading list is lodged with the trial bundles to estimate the reading time the judge will need to understand the case and relevant authorities, as well as the expected length of the hearing.
Explain the significance of hearsay notices in a trial bundle.
Hearsay notices are significant as they inform the court of evidence that is not based on direct witness testimony, which may affect its admissibility.
Describe the components that should be included in a trial bundle.
A trial bundle should include:
- claim form and all statements of case;
- case summary and/or chronology;
- requests for further information and responses;
- all witness statements;
- any witness summaries;
- any hearsay notices;
- notices of intention to rely on non-standard evidence;
- any medical reports;
- any experts’ reports;
- any order giving directions for the trial;
- any other necessary documents.
What is the role of the party filing the trial bundle?
The party filing the trial bundle must supply identical bundles to each party involved in the proceedings and a set for witnesses, often filing a ‘witness’ set at court as well.
Explain the importance of agreeing on the content of a trial bundle.
Agreeing on the content of a trial bundle is important to ensure clarity and efficiency during the trial process.
How should the content of a trial bundle be handled if there are disagreements?
If there are areas of disagreement, a summary of the points in dispute should be included in the trial bundle.
What is the claimant’s responsibility regarding the trial bundle?
The claimant is responsible for filing the trial bundle with the court no more than seven days and no less than three days before the trial begins.
Define the requirements for documents included in a trial bundle.
All documents likely to be referred to at trial should be placed into paginated and indexed files as per CPR 39 and 32 PD 27.
Define a pre-trial checklist.
A pre-trial checklist is a list of items and tasks that need to be completed before the trial to ensure that the case is fully prepared.
Describe the purpose of a trial bundle.
The purpose of a trial bundle is to ensure that all relevant material is before the court at trial, facilitating a smooth and expeditious trial process.
