Newton hearings

If, following a guilty plea, the factual dispute between prosecution and defence versions is so different that it affects the appropriate sentence in the case, the court must hear evidence on the disputed points8. Such hearings are referred to as “ Newton hearings”

Discovery: Order 24

Stage where pleadings have closed and parties need to assess documentary evidence they will need to produce at trial to establish respective positions.

Mutual discovery allows them to reveal to each other the documentary evidence which bears upon the issues of the case – enable trial prep.

Encourages parties to settle by making them aware of the evidence.

O24 Rule 1:

Parties required to make and serve on each other lists of documents which are or have been in their possession power and custody relating to the matter in question within 14 days after pleadings are deemed to have closed.

Failure to do so (O24 r16) – court can make an order as it sees fits – including dismissing the action or defence struck out and judgment entered accordingly.

Law: Property Law

Landlord-Tenant relationship

This arises when one person (‘the landlord’) grants to another (‘the tenant’) a right to exclusive possession of land for a term less than that which the landlord has in the land.

***

Distrain: to force or compel to satisfy an obligation by distress/ to seize by distress (MW)

***

Forfeiture

This is a term referring to the right of re-entry by a landlord. Usually a lease will contain an express proviso for re-entry or forfeiture by the landlord on specified events such as the non-payment of rent, non performance or non observance of by the tenant of covenants of the lease.