Trial & Appeal Flashcards
How should parties prepare for witnesses to attend trial?
They should be given the date, time and location of the hearing. If in any doubt of their attendance, parties should secure witness sumonses
How should counsel be prepared for trial?
They should be briefed in good time for the hearing. Parties can include their opinions on strengths and weaknesses of witnesses in the brief. A conference with counsel may be required pre-trial.
When should statements of costs be filed in the fast track?
2 days pre trial
What does the judge use the pre-trial checklists for?
To check parties have complied with directions and if the trial is ready to proceed, as well as to make necessary directions for trial and decide if a PTR is needed
When is the trial date/window fixed in the fast track or multi track?
In fast track, date is fixed at allocation stage, in multi track the date/window is fixed as soon as practicable based on case complexity
What is a trial bundle?
An indexed, paginated file of all the relevant documents. The core bundle should not exceed 250 pages so key points aren’t buried.
Who prepares the trial bundle?
The claimant, but the contents should ideally be agred.
When should the trial bundle be filed with the Court?
3-7 days before the trial
What six things should be included in the trial bundle?
Claim form and all statements of case / witness statements / expert reports / directions orders / case summary or chronology if needed / any other necessary documents e.g. costs budget in multi track
What is the order of events at a trial (7 steps)?
Claimant’s counsel gives opening speech of facts and legal principles - claimant’s witnesses are called and take oath, identify their statement and confirm its truth. They are cross examined by def’s counsel and may be re-examined by the claimant’s counsel - def’s counsel will make opening speech if judge feels necessary and call their witnesses - def’s counsel makes closing speech / claimant’s counsel makes final speech / judge delivers judgment / other relevant applications follow (e.g. costs and time to pay damages)
What happens once judgment is made at the trial?
It is drawn up and sealed by the court
How can a party appeal?
They must request the court’s permission to appeal. They should make the request at trial or to the relevant Appeal Court within 14 days
