The trial and judgment - Trial proceedings

Learning Outcomes

After studying this article, you will be able to explain the main procedural steps and requirements of a civil trial, including pre-trial preparation, the order of trial proceedings, the rules for presenting evidence, and the structure of judgment and costs. You will also be able to identify key legal concepts such as the burden and standard of proof, the roles of witnesses and experts, and the enforcement and appeal process, as required for SQE1.

SQE1 Syllabus

For SQE1, you are required to understand the conduct of civil trials and judgment, including the following syllabus points. Focus your revision on:

  • the procedural steps and requirements for preparing a case for trial, including pre-trial checklists, witness management, and trial bundles
  • the typical sequence of events in a civil trial and the roles of the parties, advocates, and judge
  • the rules for presenting and challenging evidence, including examination-in-chief, cross-examination, and expert evidence
  • the structure and content of judgments, including liability, quantum, interest, and costs
  • the available post-trial actions, including enforcement of judgments and the appeals process

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.

  1. What is the purpose of a pre-trial checklist and what must it include?
  2. Who bears the burden of proof in a civil trial, and what is the standard required?
  3. What are the three stages of witness examination at trial, and what is the function of each?
  4. How does the court typically determine who pays the legal costs after judgment?

Introduction

Civil trial proceedings are the final stage in litigation, where the parties present their cases and the court delivers a binding judgment. This article explains the essential steps and legal principles governing trial preparation, the conduct of the trial, the presentation of evidence, and the making of judgments and orders for costs. Understanding these processes is critical for SQE1 candidates.

Pre-Trial Preparation

Effective preparation is essential for a fair and efficient trial. Key steps include:

  • Witness Management: Confirm all witnesses are available and prepared. If there is doubt about attendance, apply for a witness summons.
  • Pre-Trial Checklists: Complete and file the pre-trial checklist, confirming compliance with directions, readiness of evidence, and any outstanding issues.
  • Trial Bundles: Prepare and file an indexed and paginated trial bundle containing all documents to be relied on at trial, including pleadings, witness statements, expert reports, and key correspondence. The claimant is responsible for preparing and filing the bundle, ensuring copies are available for the court, all parties, and witnesses.

Key Term: witness summons
A court order requiring a witness to attend trial or produce documents. Must be served with an offer to pay expenses and at least seven days before trial.

Pre-Trial Review

The court may hold a pre-trial review, especially in multi-track cases, to ensure the case is ready for trial. The court will:

  • Review compliance with directions and the pre-trial checklist
  • Address unresolved evidential or procedural issues
  • Set the trial timetable and confirm arrangements for witnesses and experts

This process helps avoid delays and ensures all parties are prepared.

The Trial: Order of Proceedings

A civil trial follows a structured sequence:

  1. Preliminary Issues: The court deals with any outstanding legal or procedural matters before evidence is heard.
  2. Opening Speeches: The claimant’s advocate may make an opening speech outlining the case, the main issues, and the evidence to be presented. The defendant’s advocate may also make an opening speech.
  3. Claimant’s Evidence: The claimant presents evidence, usually through witness statements confirmed in court, followed by any expert evidence.
  4. Defendant’s Evidence: The defendant presents their evidence in response, using the same process.
  5. Closing Submissions: Both sides make closing submissions, summarizing the evidence and legal arguments.
  6. Judgment: The judge delivers a reasoned decision, addressing liability, quantum, interest, and costs.

Key Term: opening speech
An advocate’s summary at the start of trial, outlining the case, key issues, and evidence for the court.

Presentation of Evidence

Burden and Standard of Proof

The claimant bears the burden of proof and must prove their case on the balance of probabilities—meaning it is more likely than not that their version is correct.

Key Term: burden of proof
The obligation to prove the facts in dispute, usually resting on the claimant in civil trials.

Key Term: balance of probabilities
The standard of proof in civil cases; the court must be satisfied that a fact is more likely than not.

Witness Evidence

Witnesses are examined in three stages:

  1. Evidence-in-Chief: The witness confirms their statement as true. Advocates may ask supplementary, non-leading questions to clarify points.
  2. Cross-Examination: The opposing advocate questions the witness to test credibility, challenge inconsistencies, or probe weaknesses.
  3. Re-Examination: The original advocate may ask further questions to clarify matters raised in cross-examination, but cannot introduce new topics.

Key Term: evidence-in-chief
The initial questioning of a witness by the party who called them, confirming their written statement and clarifying facts.

Key Term: cross-examination
Questioning of a witness by the opposing party to test the reliability and accuracy of their evidence.

Key Term: re-examination
Further questioning by the party who called the witness, limited to clarifying issues raised in cross-examination.

Expert Evidence

Expert witnesses provide independent opinions on technical or specialist matters. Their main duties are:

  • To assist the court impartially, overriding any duty to the instructing party
  • To prepare a written expert report, detailing their qualifications, opinions, and the basis for those opinions
  • To attend trial for cross-examination if required

The court may direct experts to meet and prepare a joint statement identifying areas of agreement and disagreement, to focus the trial on the real issues.

Key Term: expert witness
A person with specialist knowledge who gives independent opinion evidence to assist the court.

Worked Example 1.1

A claimant sues a builder for defective work. Both sides instruct building experts. The court directs the experts to meet and produce a joint statement. At trial, the experts disagree on the cause of the defects.

Answer: The experts’ joint statement will help the court identify the main issues in dispute. Both experts may be cross-examined at trial, and the judge will decide which evidence is more persuasive.

Closing Submissions

After all evidence is presented, each party’s advocate makes closing submissions. These summarize the evidence, apply the relevant law, and argue why the court should find in their client’s favour.

Judgment and Orders

Structure of Judgment

The judge’s judgment will address:

  • Liability: Whether the defendant is legally responsible for the alleged wrong.
  • Quantum: The amount of damages or remedy awarded, if any.
  • Interest: Any interest payable on damages, as provided by statute or contract.
  • Costs: Who should pay the legal costs of the proceedings.

Key Term: quantum
The amount of damages or compensation awarded by the court.

Costs Orders

The general rule is that the unsuccessful party pays the successful party’s costs, but the court has discretion. The court considers:

  • The conduct of the parties before and during proceedings
  • Compliance with court rules and directions
  • Any offers to settle, including Part 36 offers
  • Whether a party has succeeded on all or only part of their case

Key Term: costs order
A court order specifying who must pay the legal costs of the proceedings and on what basis.

Worked Example 1.2

The claimant wins at trial, but the defendant had previously made a Part 36 offer to settle for more than the judgment sum. The judge must decide who pays the costs.

Answer: The claimant may be ordered to pay the defendant’s costs from the date the Part 36 offer expired, as they failed to obtain a better result at trial.

Enforcement of Judgments

If the losing party does not comply with the judgment, the successful party may apply for enforcement, such as:

  • Taking control of goods (writ or warrant of control)
  • Charging orders over property
  • Third party debt orders against bank accounts or debtors
  • Attachment of earnings orders (for employed individuals)

Key Term: enforcement
Legal procedures used to compel compliance with a court judgment or order.

Appeals

A party dissatisfied with the judgment may appeal, but must obtain permission. Appeals are allowed only if the decision was wrong in law or unjust due to a serious procedural irregularity. Appeals must be filed within strict time limits, usually 21 days from the decision.

Key Term: appeal
A formal request for a higher court to review and change the decision of a lower court.

Worked Example 1.3

After losing at trial, the defendant believes the judge made a legal error. They wish to appeal.

Answer: The defendant must seek permission to appeal, showing a real prospect of success or another compelling reason. The appeal court will review the lower court’s decision and may uphold, vary, or overturn it.

Key Point Checklist

This article has covered the following key knowledge points:

  • Pre-trial preparation includes managing witnesses, completing pre-trial checklists, and preparing trial bundles.
  • The trial follows a set order: preliminary issues, opening speeches, evidence, closing submissions, and judgment.
  • The claimant bears the burden of proof on the balance of probabilities.
  • Witnesses are examined in chief, cross-examined, and re-examined; expert evidence is presented as needed.
  • The judge’s judgment addresses liability, quantum, interest, and costs.
  • The general rule is that the loser pays the winner’s costs, but the court has discretion.
  • Judgments can be enforced by various legal methods if not complied with.
  • Appeals require permission and must be based on legal error or serious procedural irregularity.

Key Terms and Concepts

  • witness summons
  • opening speech
  • burden of proof
  • balance of probabilities
  • evidence-in-chief
  • cross-examination
  • re-examination
  • expert witness
  • quantum
  • costs order
  • enforcement
  • appeal
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Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

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