preparation for trial

• What is the purpose of the preparation for trial element?

  It explains what happens in preparation for trial.
• What is the focus of the trial once all evidence has been exchanged?

  Any issues that remain unsettled between the parties.
• Which civil procedure rules support the preparation for trial?

  CPR 32.18-19, CPR 28.5-28.6, CPR 29.6-29.8, CPR 39.5, and 32 PD 27.
• What steps may parties need to take to ensure a case is fully prepared for trial?

  • Pre-trial checklist/listing questionnaire
  • Pre-trial review
  • Brief to counsel
  • Skeleton arguments
  • Case summary
  • Trial bundle
  • Reading list
  • Witness summons
  • Authorities
  • Notice to admit facts
• What is the standard direction given by the court regarding the pre-trial checklist?

  A deadline by which a pre-trial checklist, form N170, is to be filed.
• What is the purpose of the pre-trial checklist?

  To check compliance with case management directions and prepare for trial.
• What must parties confirm in the pre-trial checklist?

  Whether they have complied with directions and specify any further directions required.
• How long before the trial date must the pre-trial checklist be filed?

  At least eight weeks prior to the trial date.
• What is the purpose of the trial bundle?

  To ensure all relevant material is before the court at trial.
• What happens after the pre-trial checklist is filed?

  The court will give further directions needed to get the matter listed for trial.
• Who is responsible for filing the trial bundle?

  The claimant.
• What must be included in the trial bundle?

  A copy of the claim form and all statements of case.
• What documents should be included in the trial bundle?

  • Claim form and all statements of case
  • Case summary and/or chronology
  • Requests for further information and responses
  • All witness statements to be relied on
  • Any witness summaries
  • Hearsay notices
  • Medical reports and responses
  • Experts’ reports and responses
  • Order giving directions for trial conduct
  • Other necessary documents
• What is required in High Court cases regarding the reading list?

  The claimant should lodge a reading list with the trial bundles.
• What must skeleton arguments do in High Court trials?

  Summarize the submissions and cite the authorities relied on.
• What should a case summary be like?

  A short, non-contentious summary of the issues in the case.
• When must a list of authorities be submitted in High Court cases?

  By 5pm the day before the hearing.
• What is the purpose of notices to admit facts?

  To formally ask the other party to admit a particular factual point in issue.
• What should parties do if a case settles before trial?

  Notify the listing officer for the trial court immediately.
• What happens if the party receiving a notice to admit facts does not admit the point?

  The evidence will be called at trial, and the judge will decide the fact's correctness.
• What is the role of the brief to counsel?

  To provide instructions to counsel to appear on behalf of the client.
• What must be done to secure the attendance of reluctant witnesses?

  A witness summons in Form N20 must be issued and served.
• What are the key components of trial preparation?

  • Complete a pre-trial checklist
  • Conduct a pre-trial review hearing
  • Prepare the trial bundle
  • Provide identical copies of the trial bundle to all parties
  • Prepare a reading list, skeleton arguments, and case summaries
  • Issue notices to admit facts and brief counsel
  • Secure attendance of witnesses
• What can happen if the parties do not notify the court of a settlement?

  Costs penalties are likely to be imposed.
• What is the consequence of not complying with the guidance in the PD regarding trial bundles?

  You risk penalties in costs and may annoy the judge.
• Why is it important to have well-presented trial bundles?

  They are essential for a trial running smoothly and effectively.
• What happens if there are areas of disagreement in the trial bundle?

  A summary of the points in dispute should be included.
• What is the role of the claimant in preparing the trial bundle?

  The claimant must file the trial bundle with the court.
• What is the significance of the skeleton argument in High Court trials?

  It concisely summarizes the submissions and cites authorities relied on.
• What must be included in the reading list for High Court cases?

  An estimate of the reading time the judge will require.
• What is the purpose of the authorities list submitted to the court?

  To enable copies of relevant law reports to be brought into court for the hearing.
• What are the key components of trial preparation?

  • Complete a pre-trial checklist
  • Conduct a pre-trial review hearing
  • Prepare the trial bundle
  • Provide identical copies of the trial bundle to all parties
  • Prepare a reading list, skeleton arguments, and case summaries
  • Issue notices to admit facts and brief counsel
  • Secure attendance of witnesses
• What is the purpose of the pre-trial checklist (also known as the listing questionnaire)?

  The pre-trial checklist provides the court with an opportunity to check that the case management directions previously given have been complied with and that the case is ready for trial, give any further necessary directions, and fix a date for trial (or confirm a date that has already been fixed).
• What is the purpose of the trial bundle?

  The purpose of the trial bundle is to ensure that all relevant material is before the court at trial so that the trial proceeds smoothly and expeditiously, and to assist advocates in preparing for and presenting their cases effectively and the judge in identifying any pre-trial reading.
• What are the main things the pre-trial checklist requires the parties to do?

  The pre-trial checklist requires the parties to: confirm whether they have complied with previous directions, specify any further directions required, confirm whether the court has consented to expert evidence, provide details of experts and witnesses, and estimate the trial length.
• What are the main things that must be included in the trial bundle, unless the court orders otherwise?

  The trial bundle must include: the claim form and all statements of case, case summary and/or chronology, requests for further information and responses, all witness statements, any witness summaries, hearsay notices, notices of intention to rely on evidence, medical reports, expert reports, any orders giving trial directions, and any other necessary documents.
• What is the purpose of a notice to admit facts or documents?

  The purpose of a notice to admit facts is to formally ask the other party to admit a particular factual point that is in issue in the case, so that the evidence does not need to be called at trial. The purpose of a notice to admit documents is to deem the authenticity of documents disclosed to the other party unless they serve notice that they wish the document to be proved at trial.
• If a party receives a notice to admit a fact but does not admit it, what are the potential consequences?

  If the party receiving the notice does not admit the fact, the evidence will be called at trial. If the judge agrees that the fact was correct, the party receiving the notice is likely to face cost consequences for not admitting the fact when given the chance earlier and avoiding wasting time at the trial.
• What is the purpose of a witness summons?

  The purpose of a witness summons is to compel a reluctant witness or an expert witness with other commitments to attend trial, by requiring them to attend to give oral evidence or to produce specified documents.
• What is the purpose of a skeleton argument?

  The purpose of a skeleton argument is to concisely summarize the submissions to be made and cite the authorities to be relied on, in order to assist the court in preparing for and conducting the trial.