Learning Outcomes
After reading this article, you will be able to explain the key steps in preparing a civil case for trial, including compliance with pre-trial checklists, the use of witness summons, and the structure of trial proceedings. You will understand the main procedural rules governing evidence, the order of trial, and post-trial enforcement options. This knowledge will enable you to answer SQE1-style questions on trial preparation and procedure.
SQE1 Syllabus
For SQE1, you are required to understand the preparation and conduct of a civil trial. Focus your revision on:
- the purpose and content of pre-trial checklists (listing questionnaires) and their role in case management
- the process for securing witness attendance and document production using witness summons
- the typical sequence of events in a civil trial, including examination of witnesses and presentation of evidence
- the judge’s case management powers during trial
- post-trial steps, including judgment, enforcement, and appeals
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the purpose of the pre-trial checklist (listing questionnaire) and what could happen if it is not filed on time?
- How can a party ensure that a reluctant witness attends court to give evidence or produce documents?
- What is the usual order of proceedings in a civil trial?
- Name two methods of enforcing a money judgment if the defendant fails to pay.
Introduction
Effective preparation for trial is essential in civil litigation. The Civil Procedure Rules (CPR) require parties to complete specific steps before trial, including compliance with case management directions and filing a pre-trial checklist. The trial itself follows a set sequence, with the judge actively managing proceedings to ensure fairness and efficiency. Understanding these procedures is key for SQE1.
Pre-Trial Preparation
Pre-Trial Checklist (Listing Questionnaire)
Before trial, parties must complete a pre-trial checklist (also called a listing questionnaire). This document confirms that all directions have been complied with and identifies any outstanding issues. It covers:
- compliance with disclosure and exchange of witness/expert evidence
- readiness of trial bundles
- identification of witnesses and experts to be called
- any additional directions needed
Failure to file the checklist can result in the claim or defence being struck out or the trial being postponed.
Key Term: pre-trial checklist
A court form confirming that all required steps have been completed before trial and identifying any outstanding matters.
Witness Summons and Evidence Preparation
If a party is concerned that a witness may not attend court voluntarily, they may apply for a witness summons. This compels the witness to attend court or produce documents.
Key Term: witness summons
A court order requiring a person to attend court to give evidence or produce documents.Key Term: evidence-in-chief
The initial oral evidence given by a witness at trial, usually by confirming their written statement.Key Term: cross-examination
The questioning of a witness by the opposing party to test their evidence and credibility.Key Term: re-examination
Follow-up questioning by the party who called the witness, limited to matters raised in cross-examination.
A witness summons must be served at least seven days before trial and should be accompanied by an offer to pay the witness’s expenses. Failure to comply may result in contempt of court.
Worked Example 1.1
A claimant is worried that a key witness will not attend trial. What should the claimant do to secure the witness’s attendance?
Answer: The claimant should apply to the court for a witness summons, ensuring it is served at least seven days before trial and offering to pay the witness’s expenses.
Trial Procedure
Order of Proceedings
A civil trial follows a set sequence to ensure both parties can present their case:
- Preliminary matters: The judge deals with any outstanding procedural issues or applications.
- Opening statements: The claimant may make a brief opening statement outlining the case.
- Presentation of evidence:
- Each witness gives evidence-in-chief (usually by confirming their written statement).
- The opposing party cross-examines the witness.
- The original party may re-examine the witness on matters arising from cross-examination.
- Expert witnesses may be called and questioned.
- Closing submissions: Each party summarises their case and the evidence.
- Judgment: The judge delivers a decision, either immediately or at a later date.
Key Term: trial bundle
An indexed file containing all documents to be referred to at trial, prepared and filed before the hearing.
Worked Example 1.2
During trial, the defendant’s witness is cross-examined and gives inconsistent answers. What can the defendant’s lawyer do after cross-examination?
Answer: The defendant’s lawyer may re-examine the witness, but only on issues raised during cross-examination, to clarify or explain the inconsistencies.
Judicial Case Management at Trial
The judge actively manages the trial to ensure it proceeds efficiently and fairly. This includes:
- controlling the order and timing of evidence
- ruling on admissibility of evidence
- encouraging settlement where appropriate
- dealing with any procedural issues as they arise
The judge may also give directions for the conduct of the trial or adjourn proceedings if necessary.
Exam Warning
The court expects strict compliance with directions and deadlines. Failure to comply with pre-trial requirements, such as filing the checklist or preparing the trial bundle, can result in serious sanctions, including striking out the claim or defence.
Post-Trial Steps
Judgment and Enforcement
After hearing the evidence and submissions, the judge gives judgment. The judgment may include:
- an order for payment of money
- delivery of goods
- an injunction
If the losing party does not comply, the successful party may apply for enforcement. Common enforcement methods include:
- taking control of goods (seizing and selling assets)
- charging orders (securing the debt against property)
- third party debt orders (redirecting money owed to the debtor)
- attachment of earnings orders (deducting from wages)
Key Term: enforcement
The process of compelling compliance with a court judgment or order.
Worked Example 1.3
A claimant wins a money judgment, but the defendant does not pay. The claimant discovers the defendant owns a valuable car. What enforcement method is appropriate?
Answer: The claimant may apply for a taking control of goods order, allowing an enforcement agent to seize and sell the car to satisfy the judgment.
Appeals
A party dissatisfied with the judgment may appeal on specific grounds, such as an error of law or serious procedural irregularity. Permission to appeal is required and must be sought promptly, usually within 21 days. The appeal court will review the original decision and may uphold, vary, or overturn the judgment.
Key Point Checklist
This article has covered the following key knowledge points:
- The pre-trial checklist confirms compliance with directions and readiness for trial; failure to file it can result in sanctions.
- A witness summons compels attendance or production of documents at trial.
- The trial follows a set order: preliminary matters, opening statements, evidence, closing submissions, and judgment.
- The judge actively manages the trial and ensures procedural fairness.
- Enforcement options include taking control of goods, charging orders, third party debt orders, and attachment of earnings orders.
- Appeals require permission and must be based on specific grounds.
Key Terms and Concepts
- pre-trial checklist
- witness summons
- evidence-in-chief
- cross-examination
- re-examination
- trial bundle
- enforcement
