Trial

Question 1

A judgment or any other type of ‘final’ order is an order which…

Answer 1

ends the claim.

Question 2

In cases where the court gives judgment on both the claim and a counterclaim, it may, instead of giving 2 separate judgments…

Answer 2

make one order in favour of whichever party would have had the outstanding balance in their favour.

Question 3

interim orders are…

Answer 3

those made at any time in a claim up to trial which do not finally conclude the matter.

Question 4

what if judgment is reserved?

Answer 4

judge will deliver judgment at a later date.

Question 5

judge will usually circulate the judgment in draft to the parties in advance of…

Answer 5

formally handing it down (by 4pm on the
second working day before handing down.

Question 6

Is judgment a public document?

Answer 6

not until it is handed down.

Question 7

what is ‘drawing up’ an order?

Answer 7

setting the order out in a formal document to be sealed by the court.

Question 8

the party drawing the order up is required to file it no later…

Answer 8

than 7 days after becoming responsible for doing so (if they fail, any other party may do so instead).

Question 9

A judgment or order is effective from the date it is…

Answer 9

given or made, not served.

Question 10

Judgments will usually include an amount of interest which was awarded as part of
the claim. when does interest starts to run and on what amount?

Answer 10

Once judgment has been given and claim is concluded on the amount of judgment debt from date on which judgment is given.

Question 11

What is the rate of interest on judgement debts per annum under section 17 judgments act 1838?

Answer 11

8% per annum.

Question 12

CPR 40 gives parties a time limit of how many days to comply with judgement or order for the payment of an amount of money unless otherwise specified by the court?

Answer 12

14 days from the date of the order plus the interest running during that time post judgment.

Question 13

On the ground of matter which ever occurred or on application by the party against who judgment was made court has discretion to allow what?

Answer 13

A state of execution of the judgment or order.

Question 14

A party or anyone directly affected may apply to have any judgement or order set aside or varied through what?

Answer 14

An appeal.

Question 15

What is the slip rule?

Answer 15

It’s where the court corrects errors in judgements and orders such as accidental slips or emissions in any type of document (does not permit substantive changes).

Question 16

What is a pre-trial checklist?

Answer 16

It provides the court with another opportunity to check case management directions previously given have been complied with given any further necessary directions check case is ready for trial and fix a date for trial.

Question 17

What form is used for a pre-trial checklist?

Answer 17

Form N170

Question 18

when is the pre-trial checklist sent to each party?

Answer 18

At least 14 days before the due date for filing

Question 19

when is the due date for filing a pre-trial checklist?

Answer 19

At least eight weeks prior to the trial date or the start of the trial period

Question 20

What happens after the free trial checklist has been filed?

Answer 20

Court will give any further directions and these directions may be given with or without a hearing (the hearing is usually the pre-trial review).

Question 21

guidance on directions the court must give are…

Answer 21

Court will fix trial date, give time estimate for trial and fix place of trial.

Question 22

what is a trial bundle?

Answer 22

It ensures all relevant material is before the court at trial form and expeditious proceedings.

Question 23

Who should file and when should they file the trial bundle with the court?

Answer 23

The claimant and no more than seven days and no less than three days before the trial begins.

Question 24

How should all the documents like these were referred to a trial be placed in the trial bundle?

Answer 24

As paginated and indexed files.

Question 25

What is a reading list?

Answer 25

In high court cases and in the chance division and King bench division a reading list with trial bundles setting out estimate of the reading time and estimate of the length of hearing signed by all advocates should be lodged.

Question 26

What are skeleton arguments?

Answer 26

Prepared for High Court trials summarising submissions to be made and citing authorities relied on.

Question 27

What is list of authorities?

Answer 27

For cases in the High Court, list of authorities must be submitted to the court by 5 pm day before the hearing to enable copies of relevant law reports to be bought in for hearing the next day.

Question 28

What is a notice to submit facts?

Answer 28

A notice to formally ask the other party to admit a particular factual point that is an issue in the case.

Question 29

What happens once the notice is served?

Answer 29

If the person receiving the notice does not admit the point, the evidence will be called at trial.

Question 30

What is a notice to admit documents?

Answer 30

To formally ask the other party to admit the authenticity of documents disclosed.

Question 31

What is the brief?

Answer 31

It is the counsel's instructions to appear on the client behalf.

Question 32

What's the difference between the brief in complex multitrack cases and smaller less complex cases?

Answer 32

Counsel is usually involved throughout the case in complex multitrack cases so a detailed brief is not needed whereas in smaller less complex cases the brief will need to summarise the whole of the case to date.

Question 33

What is the brief fee?

Answer 33

It's the fee covering the preparation for and the first day of the trial.

Question 34

If a case settles after the ref is delivered is the brief fee refundable?

Answer 34

No, unless the parties agreed otherwise.

Question 35

What is a refresher?

Answer 35

An agreed fee per day paid in the subsequent days of trial after the first day.

Question 36

What is a witness summons?

Answer 36

When reluctant witnesses or expert witnesses with other commitments are compelled to attend trial by issuing and serving on them a witness summons in form N20.

Question 37

Courtroom etiquette rules

Answer 37

Legal reps should: -dress formally. -they should stand when speaking and sit when not speaking. -they should address court indirectly. -they should refer to a barrister as 'my learners friend' and solicitors as 'my friend'. -they should not approach the bench without permission. -they must stand when the judge enters or leaves the courtroom and bow to the judge when the judge bows.

Question 38

Possible order of events

Answer 38

1. claimants opening speech 2. Claimant case: evidence in chief class examination re-examination. 3. Defendant case: evidence in chief crossing examination re-examination. 4. Defendant's closing speech. 5. Claimant's closing speech.

Question 39

Can leading questions be used in cross-examination of the witness?

Answer 39

Yes

Question 40

can leading questions be used in re-examination of the witness?

Answer 40

No

Question 41

The witness statement of the witness will stand as...

Answer 41

The evidence in chief of that witness.

Question 42

what is a split trial?

Answer 42

Court decides to first hold a trial to decide who is to blame and then assuming defendant is found liable, later have a further trial or hearing to assess level of damages.

Question 43

When is a split trial usually used?

Answer 43

Where evidence on liability is different to evidence on quantum.

Question 44

What is the debt respite scheme?

Answer 44

It provides temporary protection from a judgement/order for some judgement debtors.

Question 45

On the basis that they are unlikely to be able to repay their debts, how many days does the debt respite scheme allow an individual debtor to ask a debt advice provider for?

Answer 45

The breathing space of 60 days.

Question 46

During the reading space period what must the judgement creditor do?

Answer 46

They must stop all enforcement action to recover debt, stop any interest fees, penalties, or charges for the debt and not contact the debtor requesting payment.

Question 47

What may be available for a debtor with a mental health crisis?

Answer 47

A breathing space of longer duration and different rules.