Civil Litigation SGS 16 COMPROMISE, WITNESSES, EVIDENCE,TRIAL AND JUDGMENTS

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billsykes
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209844
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Civil Litigation SGS 16 COMPROMISE, WITNESSES, EVIDENCE,TRIAL AND JUDGMENTS
Updated:
2013-03-27 12:19:10
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Civil Litigation
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Civil Litigation
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  1. When parties reach a compromise, what orders are available?
    Consent Order: leagally binding agreement ordered by the court

    • Terms agreed
    • By consent of parties
    • Signed by parties

    Tomlin Order: type of consent order

    • Proceedings are stayed
    • Private/confidential terms of agreement
  2. When do you have jury trials in civil proceedings?
    Fraud, libel/slander, false imprisonment

    (unless the court things otherwise)
  3. What is a hostile witness?
    Witness who fails to say what is expected of him or has no desire to tell the truth.

    Permission form judge is needed to hold witness hostile.
  4. Which ONE of the following statements is WRONG in relation to fast track trials?

    [A] They will generally last no longer than a day. 

    [B] Oral expert evidence will always be limited to one per party.

    [C] The court will not direct an expert to attend the hearing unless it is necessary to do so in the interests of justice. 

    [D] The general rule is that lay witnesses should give oral evidence.
    [B] Oral expert evidence will always be limited to one per party.

    [[B] is WRONG and is therefore the CORRECT answer. Expert evidence is not always limited to one per party; it will be limited to one expert per party in relation to any expert field and expert evidence in two expert fields. See CPR r.26.6(5)(b)]
  5. Which ONE of the following BEST reflects the usual sequence of evidence and speeches at trial?

    [A] Claimant’s opening speech (unless dispensed with) – Defendant’s opening speech – Claimant’s evidence – Defendant’s evidence – Defendant’s closing speech – Claimant’s closing speech – Consideration of Costs – Judgment.

    [B] Claimant’s opening speech (unless dispensed with) – Claimant’s evidence – Claimant’s closing speech – Defendant’s evidence – Defendant’s closing speech – Judgment – Consideration of Costs.

    [C] Claimant’s opening speech (unless dispensed with) – Claimant’s evidence – Defendant’s evidence – Defendant’s closing speech – Claimant’s closing speech – Judgment – Consideration of Costs.

    [D] Claimant’s opening speech (unless dispensed with) – Claimant’s evidence – Defendant’s evidence – Claimant’s closing speech – Defendant’s closing speech – Judgment – Consideration of Costs.
    [C] Claimant’s opening speech (unless dispensed with) – Claimant’s evidence – Defendant’s evidence – Defendant’s closing speech – Claimant’s closing speech – Judgment – Consideration of Costs.

    [[C] is CORRECT as it is the best reflection of the usual sequence of evidence and speeches at trial. See Sime 15th edition paragraphs 39.36-39.53]
  6. In a civil trial which ONE of the following statements is CORRECT with regard to the cross examination of the other side’s witness about a previous inconsistent statement?

    [A] It is not admissible, because the Criminal Procedure Act 1865 sections 4 and 5, which allows previous inconsistent statements, only applies to criminal cases.

    [B] It is admissible, but only with the permission of the court.

    [C] It is admissible without permission, but only goes to the credibility of the witness. 

    [D] It is admissible without permission, as evidence of the truth of its contents, as well as going to credibility.
    [D] It is admissible without permission, as evidence of the truth of its contents, as well as going to credibility.

    [[D] is CORRECT. You should read and consider Sections 4 and 5 of the Criminal Procedure Act 1865 and Section 1 and Sections 6(3) and 6(5) of the Civil Evidence Act 1995]
  7. Which of the following numbered (i) to (iv) is/are NOT an exception to the rule of finality?

    (i) Questions relating to previous convictions of the witness.

    (ii) Questions which suggest the bias or partiality of the witness.

    (iii) Medical evidence to show that the witness suffers from a physical disability that affects the reliability of his or her evidence.

    (iv) Medical evidence to show that the witness suffers from a mental disability that affects the reliability of his or her evidence.

    Select ONE of the following:
    [A] (i) is the only exception to the rule of finality.

    [B] (iii) and (iv) are the only exceptions to the rule of finality. 

    [C] (ii), (iii) and (iv) are the only exceptions to the rule of finality. 

    [D] None of the above.
    [D] None of the above.

    [[D] is CORRECT as (i) – (iv) are all exceptions to the rule of finality.
  8. What is the rule of finality?
    “As a general rule, therefore, the answers given by a witness under cross examination to questions concerning collateral matters, that is, matters which are irrelevant to the issues in the proceedings, must be treated as final.

    Finality for these purposes does not mean that the tribunal of fact is obliged to accept the answers as true, but simply that the cross examining party is not permitted to call further evidence with a view to contradicting the witness
  9. Which ONE of the following statements about the admissibility of character evidence is CORRECT?

    [A] Evidence relating to the bad character of a party is always admissible in civil proceedings.

    [B] Parties can never adduce evidence relating to the character of a non-party in civil proceedings. 

    [C] Evidence of bad character of the defendant is admissible if it is relevant to a fact in issue and potentially probative of that issue.

    [D] Evidence of bad character can only be adduced if it is relevant to the credibility of a witness.
    [C] Evidence of bad character of the defendant is admissible if it is relevant to a fact in issue and potentially probative of that issue.

    [[C] is CORRECT. You should read and consider Keane pages 439-443 inclusive]
  10. Neil, aged 13, has brought a claim for damages against Gladbury council in respect of injuries suffered whilst playing at the local adventure playground. Neil wishes to call his friend, Anil (aged 13), as a witness.

    Which ONE of the following statements is CORRECT?

    [A] Anil can only give unsworn evidence.

    [B] Anil can only give evidence if he understands the nature of an oath.

    [C] The test for whether he understands the nature of an oath is whether he understands his duty to speak the truth and is capable of giving intelligible testimony.

    [D] If Anil does not understand the nature of an oath, he can still give evidence if he understands that it is his duty to speak the truth and he has sufficient understanding to justify his evidence being heard.
    [A] Anil can only give unsworn evidence. [Children can give sworn or unsworn evidence]

    [B] Anil can only give evidence if he understands the nature of an oath. [A child can give unsworn evidence if they do not understand the nature of the oath. See s.96 Children Act 1989]

    [C] The test for whether he understands the nature of an oath is whether he understands his duty to speak the truth and is capable of giving intelligible testimony. [The test under R v Hayes [1977] 1 WLR 234 to give sworn evidence is that the child has sufficient appreciation of the solemnity of the occasion and the added responsibility to tell the truth, over and above the ordinary social duty to do so.]

    [D] If Anil does not understand the nature of an oath, he can still give evidence if he understands that it is his duty to speak the truth and he has sufficient understanding to justify his evidence being heard. [[D] is CORRECT. This is the test in s.96 Children Act 1989 for a child to give unsworn evidence. See Adrian Keane’s Modern Law of Evidence 9th Edition at pages 118, 130-132]
  11. Mala, a secretary, was injured in an accident at work when she fell and broke her leg having tripped over a pile of files on the floor the photocopier. Mala was absent from work for four months. She has brought a claim against Boss Brothers, her former employers, for damages including loss of earnings. Her former colleagues at Boss Brothers organised a collection to help with her living expenses whilst she could not work amounting to £250. Boss Brothers also paid her £1,000 as a “goodwill gesture” when she discussed bringing a claim, but no contractual sick pay during the period. Mala received statutory sick pay during the period of £450.

    Which ONE of the following statements is CORRECT?

    [A] All of the payments Mala received will be deducted from any damages that Boss Brothers is liable to pay her.

    [B] None of the payments Mala received will be deducted from any damages that Boss Brothers is liable to pay her.

    [C] The £1,000 goodwill payment and the £450 statutory sick pay will be deducted from any damages that Boss Brothers is liable to pay Mala.

    [D] The £250 paid to Mala by her former colleagues and the £450 statutory sick pay will deducted from any damages that Boss Brothers is liable to pay her.
    [C] The £1,000 goodwill payment and the £450 statutory sick pay will be deducted from any damages that Boss Brothers is liable to pay Mala.

    [[C] is the CORRECT answer - Both the £1,000 as a goodwill gesture and the £450 statutory sick pay are deductible. See Remedies Manual 15th edition at paragraph 11.14.7 in respect of voluntary payments made by a liable defendant and paragraph 11.17 in respect of recovery of benefits]

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