Timetabling And Trial Logistics

Timetabling and Trial Logistics in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]Much of the Pre-trial Review will be devoted to a consideration of the appropriate timetable for the trial, and other logistical matters. These will commonly include: • Directions in respect of oral and written openings and any necessary reading time for the judge. • Sequence of oral evidence; for example, whether all the factual evidence should be called before the expert evidence. • Timetabling of oral evidence. To facilitate this exercise, the advocates should, after discussing the matter and whether some evidence can be agreed, provide a draft timetable indicating which witnesses need to be cross-examined and the periods during it is proposed that they should attend. Such timetables are working documents. • The manner in which expert evidence is to be presented: see paragraph 13.8 above. • Whether any form of time limits should be imposed. (Since the purpose of time limits is to ensure that that the costs incurred and the resources devoted to the trial are proportionate, this is for the benefit of the parties. The judge will endeavour to secure agreement to any time limits imposed.) • Directions in respect of the trial bundle: when it should be agreed and lodged; the contents and structure of the bundle; avoidance of duplication; whether witness statements and/or expert reports should be annotated with cross references to page numbers in the main bundle (see paragraph 12.3 above); and similar matters. • Whether there should be a core bundle; if so how it should be prepared and what it should contain. (The court will order a core bundle in any case where (a) there is substantial documentation and (b) having regard to the issues it is appropriate and proportionate to put the parties to cost of preparing a core bundle). • Rules governing any email communication during trial between the parties and the court. • Any directions relating to the use of electronic document management systems at trial (this subject to agreement between the parties). • Any directions relating to the use of simultaneous transcription at trial (this subject to agreement between the parties). • Whether there should be a view by the judge. • The form and timing of closing submissions. • Whether there is a need for a special court (because of the number of parties or any particular facilities required). • Whether there is need for evidence by video link. • Any applications for review or variation of costs budgets. The topics identified in paragraph 14.5.1 are discussed in greater detail in section 15 below.