CIV 3 - Trial Preparation

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Questions and Answers

What is a direct consequence of breaching the duty of full and frank disclosure?

The injunction remains in effect.

The application may be permanently denied.

The court may impose additional penalties.

The injunction can be set aside. (correct)

In the context of applying for an interlocutory injunction, what is expected from the applicant regarding the timing of their application?

To delay the application until they gather more evidence.

To apply only if the application is non-urgent.

To apply promptly after becoming aware of relevant facts. (correct)

To apply only after the trial concludes.

What does the leading case of American cyanide establish in relation to interlocutory injunctions?

The requirement of immediate compliance with court orders.

The merits of each application must be fully evaluated before ruling.

The necessity of evaluating the chances of success on a balance of probabilities.

The guidelines for the balance of convenience in granting injunctions. (correct)

Which threshold must the applicant meet to demonstrate that there is a serious question to be tried?

Limited investigation into prospects of success. Signup and view all the answers

What principle guides the court's decision when assessing the balance of convenience?

Minimizing the risk of injustice to either party. Signup and view all the answers

What must the applicant typically provide regarding damages when granted an interlocutory injunction?

An undertaking to compensate any subsequent losses to the defendant. Signup and view all the answers

What is expected of the applicant when providing material facts in an affidavit?

To explicitly state material facts in the text of the affidavit. Signup and view all the answers

What role does the Vasily Golubin case play concerning duties in an injunction application?

It details the content and manner of the disclosure duty. Signup and view all the answers

What happens if an applicant fails to demonstrate urgency in seeking an injunction?

The application may be rejected on the grounds of lack of urgency. Signup and view all the answers

What is the primary concern of the court regarding Mareva Relief?

Avoiding abuse of the procedure Signup and view all the answers

How does a Mareva injunction differ from a proprietary injunction?

Mareva injunctions prevent asset disposal beyond a specified value, whereas proprietary injunctions sustain on a specific asset. Signup and view all the answers

What must an applicant demonstrate to obtain orders for the taking of samples of property?

A danger of destruction of existing evidence Signup and view all the answers

What additional measure may a claimant consider if there is a risk of the defendant destroying evidence?

Seeking a search order Signup and view all the answers

Under the new rules, how can the court make orders for the detention or preservation of property?

On its own motion, without any application Signup and view all the answers

What is the function of an ancillary discovery order in relation to Mareva relief?

To gather information that would not otherwise be available to the claimant Signup and view all the answers

What must a claimant do to properly submit an application for interim property preservation?

File a summons supported by an affidavit Signup and view all the answers

What type of relief can Mareva injunctions NOT be used for?

Allowing a claimant extensive access to a defendant’s financial books Signup and view all the answers

What is the significance of Rule 3 in relation to property evidence?

It facilitates the taking of samples to support interim preservation. Signup and view all the answers

What is the typical sequence regarding the production of documents and AEICs?

General production of documents typically occurs before the SAPT. Signup and view all the answers

Which of the following documents must be produced according to Order 11 Rule 2(1)?

All known adverse documents and any other broader discovery documents. Signup and view all the answers

For specific document requests under Order 11 Rule 3(1), what are the required criteria?

The request must clearly identify the documents and show their materiality to the case. Signup and view all the answers

According to Order 11 Rule 5, what limitations on document production exist?

No internal correspondences are allowed unless they are adverse documents. Signup and view all the answers

What does Order 11 Rule 1(2) emphasize regarding document production?

The strength of the party's case must guide the production of documents. Signup and view all the answers

What describes an order that mandates the doing of a positive act?

Mandatory in nature Signup and view all the answers

In which situation is an applicant exempted from giving notice before a hearing?

When notice would defeat the purpose of the application Signup and view all the answers

What is the main purpose of a Mareva Injunction?

To prevent a party from disposing of its assets Signup and view all the answers

According to the practice directions, how much notice should be given if the application is urgent?

A minimum of 2 hours notice Signup and view all the answers

Why is it important for the applicant to disclose all relevant facts in the supporting affidavit?

To ensure fairness in the hearing process Signup and view all the answers

What type of injunction application allows the summons to be filed without notice to the defendant?

Interim injunction Signup and view all the answers

What issue might arise if the court hears an argument without the presence of the other side?

The decision could be biased in favor of the applicant Signup and view all the answers

Which of the following does NOT qualify as a document?

A document containing only numerical data without any symbols Signup and view all the answers

In the context of electronic documents, what factor relates to the likelihood of locating relevant documents?

The ease and expense of retrieval of electronically stored documents Signup and view all the answers

Which statement aligns with the considerations of a claimant when proceeding with a case?

A claimant is to rely solely on the strength of their case Signup and view all the answers

What is the potential risk associated with modern electronic document recovery?

Relevant documents can be materially altered in recovery Signup and view all the answers

Which legal principle relates to a party's right to privacy during court proceedings?

Privacy must be balanced with the interests of justice Signup and view all the answers

Which item listed is specifically excluded from defining a document?

An unmarked personal note Signup and view all the answers

What does the term 'broader scope of discovery' imply in legal proceedings?

Extending the range of documents examined to ensure fairness Signup and view all the answers

Which of the following is NOT a category of electronic devices defined in the context of documents?

Smartphone applications Signup and view all the answers

What is a crucial aspect to consider when estimating the cost of document discovery?

The expenses incurred in retrieving relevant documents Signup and view all the answers

Which of the following best describes the meaning of 'marks' in the context of a document?

Any sign that conveys identifiable information qualifies as a mark Signup and view all the answers

Study Notes

Pre-Trial Preparations

Pre-trial preparations are steps taken by each party to prepare for trial.
These preparations include logistical requirements outlined in court rules and practice directions.
The process of gathering and preparing evidence is also crucial.

Trial Process

Witness and party attendance are covered in the trial process.
The order of proceedings at trial is also discussed.
Interim reliefs—orders parties seek before the trial—are included.

Trial Preparation

Key elements of trial preparation include fixing dates for trial, setting dates to confirm witnesses called, dates for filing documents (AEICs), and dates for setting down the action for trial.
Decisions on fact witnesses and expert witness evidence are made early in the case.
Trial preparation focuses on witness evidence and related trial evidence.

Trial Evidence

Fact and expert evidence presented by parties are the focus.
Independent witnesses, interested non-parties, or amicus curiae are not directly discussed.

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Description

This quiz covers the essential steps involved in trial preparations and the trial process itself. Topics include pre-trial logistics, witness attendance, and the presentation of evidence. Understanding these elements is crucial for effective trial management.