Trial

Question 1

Items needed for trial

Answer 1

• pre-trial checklist/listing questionnaire
• brief to counsel
• reading list
• pre-trial review
• skeleton arguments
• witness summons
• case summary
• authorities
• trial bundle
• notice to admit facts

Question 2

Pre-trial checklist

Answer 2

Provides court with another opportunity to:

• check that the case management directions have been complied with
• give any further necessary directions
• fix a date for trial

Due 8 weeks prior to the trial date or start of trial period.
Also encouraged to exchange copies.

Question 3

Listing directions

Answer 3

Court must:
- fix date for trial
- give time estimate for trial
- fix the place of the trial

Court may also:
- provision for evidence
- trial timetable
- preparation of trial bundles
- any other matters

Question 4

Trial bundle

Answer 4

• all relevant material is before the court
• everything is paginated and indexed
• responsibility of the CLAIMANT to file the trial bundle with the court no more than seven days ad no less than three days before the trial begins
• content should be agreed - any disagreements should be summarised

when filing at court the party filing the trial bundle should supply identical bundles to each of the parties to the proceedings and further set to use by witnesses when giving evidence.

Question 5

Notice to admit fact

Answer 5

Hoping other party will agree to admit a particular fact in issue in the case.

Once notice is served the other party can:
- admit point
- not admit point: if not admitted and judge decides it should have been there can be cost consequences.

Question 6

Witness summons

Answer 6

If witness is reluctant or has other commitments, a witness can be compelled to attend trial by serving a witness summons.

Witness summons may require the witness to attend to give oral evidence or produce specific documents or both.

Question 7

Judgment after trial

Answer 7

If matter is complicated the judge can reserve judgment and deliver it at a later date.

When this is the case the judge can invite parties to express their views on how the judgement should be handed down.

Judge will usually circulate a draft before formally handing it down to assist with cost submissions. Note: not a public document until it is handed down.

Question 8

Split trial

Answer 8

1. Court holds trial to decide liability
2. trial or hearing to assess level of damages

Usually allow this where evidence on liability is different to the evidence on quantum.

Question 9

Drawing up order

Answer 9

Order means setting up order in a formal document.

Order will be drawn up by the court unless the court orders otherwise:
- party to draw it up (must file within 7 days)
- court dispenses with need
- consent order (drawn up by the parties)

Question 10

Judgment or order taking effect

Answer 10

• Judgement is effective from the date it is give or made (not served)
• Will usually include interest: but also interest starts to run on the claim from the day the judgment is given at 8%
• limit of 14 days to comply
• court has discretion to order a stay of execution of the judgment or order e.g. pending appeal

Question 11

Debt respite scheme

Answer 11

• temporary protection for an individual debtor (not comply)
• breathing space of 60s days on basis they are unlikely to be able to repay their debts
• debtor must approach ‘debt advice provider’ - usually local authority
• if they consider it appropriate the judgement creditor must stop all enforcement action to recover the debt, stop interest or contact the debtor

judgement for death or personal injury is excluded