SQE1 Civil Litigation: Trials and Appeals Study Notes: Trial Procedures the Trial and Appeal Process for Trial and Appeals

A set of vocabulary flashcards covering trial preparations, witness attendance, trial procedures, and the civil appeals process according to SQE1 standards.

Witness summons

A document issued by the court requiring a witness to attend court to give evidence and/or produce documents to the court.

Form N20

The specific court form used to issue a witness summons.

Rule for issuing a witness summons

The summons should be issued at least seven days before the date the witness is required to attend; otherwise, court permission is needed.

PD 34A

The Practice Direction that specifies the sum for compensation for loss of time payable to a witness served with a summons.

Contempt of court

The potential legal consequence for a witness who fails to appear after being served a binding witness summons in High Court proceedings.

Pre-trial checklist (listing questionnaire)

Form N170, which must be filed no later than eight weeks before the trial date to confirm compliance with directions and assist with trial timing.

Listing hearing

A review hearing on the fast track where the judge reviews pre-trial checklists to decide if further directions are needed.

Pre-trial review

A review hearing on the intermediate or multi-tracks where the judge reviews pre-trial checklists before the case is listed for trial.

Trial bundle

A paginated and indexed file of all documents the judge may need to decide the case, usually limited to 250 pages in length.

Rule 27.7

The CPR rule stating the legal representative of the claimant is responsible for preparing and producing the trial bundle.

Skeleton argument

A document used in multi-track cases to assist the court by indicating points in issue, submissions of fact, and propositions of law.

Leading questions

Also known as 'closed' questions, they suggest the answer or assume facts not yet proved; they are commonly used in cross-examination.

Non-leading questions

Also known as 'open' questions, they start with 'who, what, where, when and how' to allow a witness to tell their version of events.

Examination-in-chief

The stage where a witness identifies their witness statement and confirms its truth; it acts as their evidence-in-chief in civil trials.

Cross-examination

The stage where the opponent's advocate seeks to discredit a witness by highlighting inconsistencies or gaps in their evidence.

Re-examination

A stage strictly limited to matters arising out of cross-examination, allowing a witness to explain or qualify an answer given.

Unfavourable witness

A witness who fails to support a case for proper reasons, such as forgetting facts, and who cannot be cross-examined by the party calling them.

Hostile witness

A witness who is unwilling to support the party who called them; if declared as such, the party who called them can cross-examine them.

Rule 40.11

The rule stating that court-ordered payments of money, including costs and interest, must be paid within 14 days unless specified otherwise.

Rule 52.6

The rule stating permission for a first appeal will be given only if there is a real prospect of success or another compelling reason.

Grounds for a second appeal

The appeal must have a real prospect of success or a compelling reason, and it must raise an important point of principle or practice.

Time limit for County or High Court appeal

The aggrieved party must file their appeal notice within 21 days (unless directed otherwise by the lower court).

Time limit for Supreme Court leave

A party has 28 days to apply for permission to appeal from the Court of Appeal to the Supreme Court.

Leapfrog appeal

An appeal that goes straight from the High Court to the Supreme Court, bypassing the Court of Appeal, usually on a point of law of general public importance.

Rule 52.21(3)

The rule providing that an appeal may be granted if the lower court's decision was 'wrong' or 'unjust' due to serious irregularity.