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Trial Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Trial notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

TRIAL Witness Summons Summons can compel a Witness to attend to give oral evidence and/or produce a specified document.

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Document must be relevant to the substantive issues in the claim (not disclosure)

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Cannot summon to produce train of enquiry Documents

Document must be sufficiently described, classes of Documents may be described compendiously Procedure Issuing a summons - purely administrative Form completed Fee paid Form sealed by the Court Only binding if served minimum 7 days before trial (unless Court gives permission) Witness must also be offered a sum of money (conduct money) to cover travelling expenses to and from Court and compensate for loss of time. Court may set aside/vary if it appears the Witness is unable to give relevant evidence or there is some other strong reason for not requiring him to attend trial Skeleton Arguments Compulsory for High Court trials, may be required by directions for County Court trials. Concise summary of submissions with reference to any authorities. File 2 days before trial (QBD) or with trial bundles (Chancery Division)

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Trial bundles should be filed by Claimant maximum 7 - minimum 3 days before start of trial. Conduct of the Trial

Advocates provide Court with a slip including name, professional address and qualification as an advocate before the hearing. Trial Timetable Court may lay down a timetable before the trial specifying time-limits for Examination in Chief, Cross-examination etc, in advance of trial or by Trial Judge at start of trial. Trial will then follow the timetable. Generally Claimant begins, unless Defendant has admitted all the issues which Claimant has the

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