Trial and Post-Trial issues (payment and costs)

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  • Created by: KG1999!
  • Created on: 17-09-23 14:29
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  • Trial and Post-Trial issues
    • Final prep for trial
      • Briefing Council - deal in detail with facts still in issue and how to be proved. Brief fee restricted to max.
      • Attendance of witnesses - summons requires them to given evidence and docs to court
      • Expert witnesses - keep those instructing aware of availability and ensure they attend court
    • Trial bundles
      • Contents - claim form, SOC, case summary
      • Original docs, legal rep responsible for prep, if illegible also provide typed copy, agreed contents, identical bundles for all, filed no more than 7 days and no less than 3 days before trial
    • Structure of trial
      • Prelim issues - might want to deal with procedural maters i.e. permission to amend SOC or strike out part of witness statement etc
      • Trial timetable: Opening speech, evidence and examination of C (examination, cross-examination, re-examination), evidence from and examination of D (same as C), Problem witnesses, closing speeches, judgment
        • Judgment : Assesses whether C has established cause of action, quantum i.e. awards for damage, interest (rate and period), costs - usually unsuccessful party ordered to pay costs for all but judge has discretion
    • Professional conduct
      • Will mislead if they submit inaccurate info, if they agree with witness who they know to be false or call witness they know has untrue evidence
      • No evidence tampering, influence evidence, make assertions, place themselves in contempt of court
      • Not insult witness, avoid naming 3rd parties, not question character of witnesses, not to suggest any person is guilty of crime, fraud of misconduct
    • Costs
      • Generally - loser pays winner's costs. Winner cannot recover more than actually spent. Interest not payable on costs before judgment unless Part 36 offers
      • Standard Basis - only costs reasonably incurred, reasonable in amount and proportionate to matters in issue. Court will also factor in amount of money owed, importance of matters, complexity of issues. ALSO whether they could have settled, negotiated or found a solution to proceed without trial
      • Indemnity basis - Awarded as penalty to reflect court's displeasure at party's behavior. Benefit of doubt to winner but paying party must show costs are unreasonable
    • Assessment of costs summary
      • Fast track - summary assessment immediately after hearing. Parties file breakdown 48 hours before end of hearing
      • Multi-track - Detailed assessment at separate hearing in front of costs judge. Detailed assessment by successful party. N252 and relevant docs. Given within 3 months of judgment.
    • Bill of costs
      • Sets out background info, brief description of history of claim. Main body provides breakdown of work performed - attendances and comms, hourly rate for travel, work done on docs and negotiations
      • If difference between 20% bill and budget then receiving party must file statement why.
      • Hourly rate excessive - government set guidelines. May be a way opponent could argue for reduction
      • Fee earner who did work was too senior - not justifiable for sols with 8 years experience to do simple tasks
      • Time to do work too long

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