Trial Flashcards
(21 cards)
What are the main steps in preparing for trial?
- File pre-trial checklist (N170)
- Attend pre-trial review
- Prepare trial bundle
- File skeleton arguments, case summary, authorities
- Serve notices to admit facts/documents
- Brief counsel
- Secure attendance of witnesses and experts
What happens at a pre-trial review (PTR)?
- Court checks all prior directions have been complied with
- Further directions may be given
- Trial date, location, and length confirmed
What must be included in the trial bundle?
- Claim form and all statements of case
- Case summary and/or chronology
- Witness statements, summaries, and hearsay notices
- Expert reports and medical reports
- Any directions and other necessary documents
- Must be paginated, indexed, and agreed where possible
- Filed 3–7 days before trial by claimant
What is a skeleton argument?
- Summary of legal submissions with citations
- Prepared by counsel and exchanged before trial
What are notices to admit facts or documents?
- Requests formal admissions to avoid proving facts or document authenticity at trial
- If denied and later proved, cost penalties may apply
What is the purpose of the brief to counsel?
- Instructs counsel for trial
- Includes all trial documents and background
- Fee covers prep and day 1 of trial (‘brief fee’); subsequent days are ‘refreshers’
- Often triggers settlement
What are key courtroom etiquette rules during trial?
- Dress formally
- Stand when speaking, sit otherwise
- Address judge indirectly: “Your Honour”
- Call opposing barristers “my learned friend”; solicitors “my friend”
- Stand and bow when the judge enters/leaves
- Never approach the bench without permission
- Introduce parties and yourself at the start
- Use “I submit…” rather than “I think…”
What is the typical order of events at trial?
- Claimant’s opening speech
- Claimant’s evidence (witnesses give evidence-in-chief, then cross-examined, then re-examined)
- Defendant’s evidence follows the same order
- Closing speeches (defendant then claimant)
When do judgments take effect and what are their consequences?
- From date given, not date served
- Interest (at 8% under the Judgments Act 1838) starts accruing from judgment date
Payment due within 14 days unless stated otherwise
What is a disposal hearing?
- Held after split trial where liability is decided first
- Used to assess damages (quantum) separately
What is a judgment or final order?
- A final decision that concludes the claim
- May include damages, costs, and interest
How is a judgment drawn up and served?
- Usually drafted by the court
- A party may be directed to draft and file it within 7 days
- Sealed by the court and served by the court unless directed otherwise
What happens if judgment is reserved?
- Judgment will be handed down later
- Parties may receive a confidential draft
- Not public until formally handed down
- Costs submissions follow
What happens in cases involving counterclaims
- A single net judgment/order may be made
- Costs may still be ordered separately
What are interim orders?
- Made during proceedings before trial
- Do not end the case
- May require immediate payment (e.g. after summary assessment of costs)
What is the ‘Debt Respite Scheme’?
- Debtors can obtain ‘breathing space’ from enforcement action for 60 days
- Creditors must suspend enforcement
- Does not apply to personal injury/death damages
What is a consent order?
- A court order reflecting parties’ agreement
- Can be with or without contractual effect
- Requires court approval
What is a Tomlin Order and when is it used?
- A two-part consent order
—-Part 1 (public): stay of proceedings, permission to apply, cost orders
—-Part 2 (schedule): confidential terms of settlement, enforceable by separate order - Used when terms go beyond court powers or need confidentiality
What must be included in Part 1 of a Tomlin Order?
Any court-enforceable directions, such as:
- Stay of proceedings
- Assessment or payment of costs
How can judgments/orders be set aside?
- By application if permitted by CPR (e.g. CPR 13 for default judgment)
- Also available to non-parties directly affected
What is the ‘slip rule’?
- Allows correction of accidental errors or omissions in judgments/orders
- Must not be used for substantive changes
- Can be made informally, e.g. by letter
