Trial Flashcards
1
Q
CPR 32.18-19
A
Rules relating to notices to admit facts / documents.
2
Q
CPR 28.5-28.6
A
Rules relating to preparation for trial of fast or intermediate track claims.
3
Q
CPR 29.6-29.8
A
Rules relating to preparation for trial of multi-track claims.
4
Q
CPR 39.5 and 32 PD 27
A
Rules relating to trial bundles.
5
Q
Pre-trial steps
A
Pre-trial checklist/listing questionnaire
6
Q
Pre-trial checklist form
A
N170 (also known as a listing questionnaire).
7
Q
Cases requiring a pre-trial checklist
A
Fast track
8
Q
Purpose of pre-trial checklist
A
Check compliance with directions
9
Q
Information required in pre-trial checklist
A
Compliance with directions
10
Q
Timing of pre-trial checklist
A
Sent at least 14 days before filing due date; due date at least 8 weeks before trial.
11
Q
Encouragement regarding pre-trial checklist
A
Parties encouraged to exchange before filing.
12
Q
Listing directions/hearing after pre-trial checklist
A
Court gives further directions for listing
13
Q
Mandatory listing directions (PD29)
A
Fix trial date
14
Q
Optional listing directions
A
Evidence (experts)
15
Q
Purpose of Pre-Trial Review (PTR)
A
Check compliance with orders/directions
16
Q
Purpose of trial bundle
A
Ensure all relevant material is before the court for a smooth and expeditious trial.
17
Q
Contents of trial bundle
A
Paginated and indexed files of documents likely to be referred to at trial.
18
Q
Responsibility for filing trial bundle
A
Claimant.
19
Q
Timing of filing trial bundle
A
No more than 7 and no less than 3 days before trial.
20
Q
Content agreement of trial bundle
A
Should be agreed where possible; disagreements summarized.
21
Q
Consequences of non-compliant trial bundles
A
Risk wrath of court
22
Q
Copies of trial bundle
A
Filed at court
23
Q
Standard contents of trial bundle (unless ordered otherwise)
A
Claim form
24
Q
Reading list requirement
A
In all High Court Chancery/King’s Bench cases
25
Contents of reading list
Estimate of judge's reading time
26
Skeleton argument requirement
For High Court trials
27
Responsibility for skeleton arguments
Usually counsel.
28
Lodging/exchange of skeleton arguments
Counsel's clerk ensures lodging at court and exchange.
29
List of authorities requirement (High Court)
Submitted by 5pm the day before hearing.
30
Agreement/exchange of authorities
Usual to agree and exchange with the other side.
31
Case summary content
Short
32
Settlement during pre-trial
Common; Part 36 offers should be considered/reconsidered.
33
Notification of settlement before trial
Parties must immediately notify listing officer to avoid cost penalties.
34
Notices to admit facts (CPR 32.18)
Formal request to admit a specific factual point in issue.
35
Purpose of notice to admit facts
Avoid calling evidence to prove an admitted fact.
36
Consequences of unreasonably refusing to admit facts
Likely to face cost consequences.
37
Notices to admit documents (CPR 32.19)
Party deemed to admit authenticity unless notice to prove is served (CPR 31).
38
Brief to counsel
Instructions to counsel to appear at trial
39
Timing of brief to counsel
Sent in good time.
40
Content of brief to counsel (smaller cases)
Summarizes whole case to date.
41
Brief fee
Agreed with clerk
42
Refresher fee
Agreed daily fee for subsequent trial days.
43
Settlement after brief delivery
Brief fee usually not refundable.
44
Witness summons (Form N20
CPR 34.2)
45
Summary of pre-trial checklist
Completed for fast/intermediate/multi-track
46
Summary of pre-trial review
May take place as a hearing.
47
Summary of trial bundle
Claimant prepares paginated key documents for all parties
48
Summary of other potential pre-trial documents
Reading list
49
CPR 40
Main CPR rule relating to judgments and orders.
50
Court room etiquette requirements
Formal dress
51
Term for opponent barrister
My learned friend.
52
Term for opponent solicitor
My friend.
53
Action upon judge entering/leaving
Everybody stands and bows.
54
How to address the court indirectly
E.g.
55
How to introduce opponents
By name and the party they represent.
56
How to introduce oneself
By stating the party represented (without own name).
57
How to phrase submissions
Using "it is submitted..." or "I submit...".
58
Permission to approach the bench
Required.
59
Purpose of the trial
To decide the substantive issues between the parties after hearing evidence.
60
Order made at trial
Judgment or final order.
61
Possible order of events at trial
Claimant's opening
62
Status of witness statement at trial (CPR 32.5(2))
Stands as evidence-in-chief unless ordered otherwise.
63
Type of questions in cross-examination
Leading questions.
64
Purpose of cross-examination
Challenge weaknesses in evidence or witness credibility.
65
Type of questions in re-examination
Non-leading questions.
66
Timing of defendant's opening speech
May precede their case in larger cases.
67
Order of closing speeches
Defendant then claimant.
68
Definition of a judgment or final order
An order which ends the claim.
69
Provision for costs in a judgment/order
Usually included
70
Timing of judgments/final orders
After trial/final hearing
71
Definition of interim orders
Orders made before trial that do not conclude the matter.
72
Example of an interim order
Permission to amend statements of case.
73
Effect of settlement before trial
Requires a consent order approved by the court.
74
Timing of judgment after trial
Immediately or reserved for later.
75
Procedure for reserved judgment
Judge may ask for views on handing down
76
Restrictions on draft reserved judgment
Not a public document until handed down.
77
Steps after judgment is given
Parties make costs submissions
78
Importance of note-taking at trial
Critical for potential appeals
79
Split trial
Liability and damages decided in separate hearings.
80
Hearing to assess damages after a split trial
Disposal hearing.
81
Drawing up an order
Setting out the order in a formal document for court sealing.
82
Who draws up the order? (CPR 40.3)
Usually the court
83
Time limit for party to file drawn-up order
No later than 7 days after becoming responsible.
84
Service of sealed order (CPR 40.4)
Court serves on all parties after sealing.
85
Who draws up a consent order?
The parties.
86
Consequence of failing to draw up order within time
Any other party may do so.
87
When does a judgment/order take effect? (CPR 40.7)
From the date it is given or made
88
Interest on judgment debts (CPR 40.8
Judgments Act 1838 s 17)
89
Time limit to comply with money judgment/order (CPR 40.11)
14 days from the date of the order
90
Stay of execution of judgment/order (CPR 40.8A)
Court discretion to allow more time to comply based on post-judgment events
91
Debt Respite Scheme (Breathing Space)
Temporary protection from judgment/order for individual debtors unlikely to repay debts (60 days moratorium).
92
Actions judgment creditor must stop during breathing space
Enforcement action
93
Exclusion from Debt Respite Scheme
Judgment for damages for death/personal injury caused to someone else.
94
Costs order after judgment
Court decides based on the judgment or final order.
95
General rule for costs (CPR 44.2(2)(a))
Costs follow the event (loser pays winner's costs).
96
Court's discretion on costs (CPR 44.2(4) and (5))
Complete discretion to depart from the general rule based on various factors.
97
Summary of court room etiquette
Important principles apply to all hearings.
98
Summary of trial evidence order
Heard in a specific sequence.
99
Summary of judgments/orders
Made after trial/final hearing (or earlier per CPR
100
Summary of when judgments/orders take effect
From the date given or made.
101
Summary of compliance time for money judgments/orders
Generally 14 days.
102
Final order
An order which ends the claim (e.g.
103
Provision for costs in final orders
Usually included
104
Timing of final orders
After trial/final hearing
105
Judgment on claim and counterclaim (CPR 40.13)
Court may make one order for the outstanding balance instead of two separate judgments.
106
Purpose of single order on claim/counterclaim
Avoid unnecessary payments back and forth.
107
Court's power regarding costs in claim/counterclaim
Can still make separate costs orders against each party.
108
Interim orders
Orders made before trial that do not conclude the matter (e.g.
109
Consent order
Order recording settlement
110
Effect of a consent order
Like a normal court order but indicates parties' agreement.
111
Two types of consent orders
Based on contract (rarely interfered with) and not based on contract (may be altered).
112
Estoppel defence after consent order
May be available in fresh proceedings on agreed matters
113
Tomlin Order
A type of consent order with a public 'order' part and a generally confidential 'schedule' part.
114
Uses of a Tomlin Order
Confidential settlement terms and/or terms beyond court's usual powers.
115
Part 1 of a Tomlin Order ('Order')
Public
116
Part 2 of a Tomlin Order ('Schedule')
Generally confidential
117
Location of money out of court/costs directions in Tomlin Order (40B PD 3.5)
Must be in Part 1 ('Order').
118
Putting a consent/Tomlin Order in place
Requires parties' agreement and court's approval.
119
Effect of a made consent/Tomlin Order
Takes effect like any other court order.
120
Settlement during a stay
Application for consent/Tomlin Order also lifts the stay.
121
When does a judgment/order take effect? (CPR 40.7)
From the date it is given or made
122
Interest on judgment debts (CPR 40.8
Judgments Act 1838 s 17)
123
Time limit to comply with money judgment/order (CPR 40.11)
14 days from the order date
124
Stay of execution (CPR 40.8A)
Court discretion to allow more time to comply based on post-judgment events (e.g.
125
Setting aside judgments/orders
Party or directly affected non-party can apply
126
Example of setting aside provision
CPR 13 for default judgment.
127
Court's approach to setting aside
Unwilling without very good grounds.
128
Correcting mistakes in judgments/orders (CPR 40.12)
'Slip rule' allows correction of accidental slips or omissions (not substantive changes).
129
Procedure for correcting mistakes (40B PD 4)
Can be informal (e.g.
130
Summary of judgment/order provisions
CPR 40 and PD 40B.
131
Summary of types of judgments/orders
Final
132
Summary of consent orders
Signed by parties
133
Summary of when judgments/orders take effect
From the date given or made.
134
Summary of interest on judgment debts
8% per annum from judgment date.
135
Summary of compliance time for money judgments/orders
Generally 14 days.
136
Summary of setting aside judgments/orders
Possible but with restricted circumstances.
