1 / 7

Costs and Preparation for Trial: Key Case Law and Guidelines in Civil Procedure

This document outlines the critical guidelines and case law relevant to trial costs in civil procedure. It covers proportionality in costs as seen in landmark cases such as Giambrone v. JMC Holidays Ltd and Halsey v. Milton Keynes General NHS Trust. The discussion also addresses conducts under CPR 44.3 and 44.5, the indemnity principle, and the preparation for trial including essential pre-trial checklists, trial bundles, and reviews necessary for effective case management.

priscilla-roman
Télécharger la présentation

Costs and Preparation for Trial: Key Case Law and Guidelines in Civil Procedure

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. BVC Civil Procedure Costs Part II The Trial

  2. Costs • Proportionality - Giambrone v JMC Holidays Ltd [2003] 1 All ER 982 • Conduct - (44.3) and 44.5 • Groupama Insurance Co Ltd v Overseas Partners Re Ltd [2003] EWCA Civ 1846 • Booth v Britannia Hotels Ltd [2002] EWCA Civ 579 • Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002 • Burchell v Bullard [2005] EWCA Civ 358

  3. The Indemnity Principle • Harold v Smith [1860] 5 H& N • Smith v Buller [1875] LR 19 Eq 473 • Gundry v Sainsbury [1910] 1 KB 645 • Increasingly obsolete (CFAs etc) - Hollins v Russell [2003] 1 WLR 2487

  4. Preparation for trial • Form N170 - pre-trial checklist • Ensure all directions are complied with and if other directions are to be sought • Fix or confirm a trial date • Confirm the estimated trial length • 28.6 - • FT- 3 weeks notice of trial given unless the circumstances of the case are exceptional (28.6(2). • Decide whether or not to hold a pre-trial review in a multi-track case

  5. Preparation for trial • When listing the court will decide - As to expert evidence (written or oral) • Preparation of a trial bundle • A trial timetable and time estimate • Pre-Trial Review (29.7) • in complex cases with numerous parties or which will last more than 10 days (see White Book commentary 29.7.1). • Baron v Lovell The Times 14th September 1999) • 29.8 • Timetable should be agreed - 29.9

  6. Preparation for trial • The trial bundle • agreed between the parties and prepared and filed by the claimant no more than 7 and not less than 3 days before the trial (PD39.3.1) • “core bundle” (PD39.3.6) • Practice Direction (Citation of Authority) [2001] 1 WLR 1001 • Brown v Bennett Times 13th June 2000 • reading lists (Practice Direction (RCJ Reading Lists and Time Estimates [2000] 1 WLR 208)

  7. The trial • Small claims - PD 27.4.3 • Benham Ltd v Kythira Investments Ltd [2003] EWCA Civ 1794 • 39.3 – if D fails to attend trial the court will hear C’s case and give judgment if it is proven. • may be set aside if D applies promptly with a good reason for non-attendance and a reasonable prospec of success at a reconvened trial (– Barclays Bank plc v Ellis [2001] C.P.Rep50 • Ashmore v Corp of Lloyd’s [1992] 2 All ER 486

More Related