Civil claim procedures - Trial procedure and judgment

Learning Outcomes

After reading this article, you will be able to identify and explain the main stages of a civil trial, the rules concerning witness and expert evidence, and the process by which judgment is delivered. You will understand the practical steps solicitors must take to prepare cases for trial, the typical conduct of trial hearings, and how judgments are formulated and recorded. This article focuses on essential procedures, terminology, and the role of legal representatives, all directly relevant to SQE2.

SQE2 Syllabus

For SQE2, you are required to understand civil claim trial procedures and the process of judgment, with emphasis on practical skills for client representation and evidential analysis. In your revision, ensure you are familiar with:

• The procedural steps before and during trial in civil claims in England and Wales.
• The rules and requirements for preparing, presenting, and challenging factual and expert evidence at trial.
• The conduct of a civil trial hearing and the role of solicitors and counsel.
• The process by which judgment is formulated, delivered, and recorded.
• The types of remedies a court may grant following trial, including typical post-judgment steps.

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. In a civil trial, when is witness evidence usually given? a) In a written statement disclosed before trial and confirmed orally in court. b) Only orally at trial with no prior statement. c) By letter after the trial.
2. Which of the following is one of the court’s possible actions after hearing a civil trial? a) Impose a criminal sentence. b) Deliver a reasoned judgment on liability and remedies. c) Refer the dispute to a jury for review.
3. True or false? A solicitor may present both legal arguments and examine witnesses during a civil trial in the County Court.

Introduction

When a civil claim cannot be resolved through settlement or alternative dispute resolution, it progresses to trial. The trial is the formal hearing at which the parties present their evidence and legal arguments, and the court determines liability and, if relevant, the appropriate remedy.

Solicitors preparing for SQE2 must know how civil trials are conducted, what steps are required to present or challenge evidence, and what to expect in terms of the court's judgment. An understanding of these issues is essential for client representation and for assessing likely outcomes.

The stages leading to trial

Civil claims proceed through several preparatory steps before trial, including disclosure, exchange of witness statements, expert reports, and case management directions from the court. As trial approaches, both parties must focus on ensuring compliance with court orders, filing pre-trial checklists or trial bundles, and ensuring necessary witnesses and experts are available.

Key Term: trial bundle
A compiled set of documents relevant to the case, including statements of case, witness statements, expert reports, key correspondence, and legal authorities, prepared for use by the parties and the judge at trial.

Attendance and representation at trial

Parties are usually represented by solicitors and/or counsel (barristers). Both Claimant and Defendant (or their legal representatives) are required to attend, along with witnesses giving evidence. A judge conducts the trial, with no jury present for standard civil claims.

Key Term: advocate
The person (usually a barrister or solicitor) presenting arguments and examining witnesses at trial on behalf of a party.

The conduct of the civil trial

The trial typically follows a clear procedure:

1. The judge opens and confirms the issues and timetable.
2. The Claimant’s advocate makes opening submissions (briefly summarising the case).
3. Claimant’s witnesses are called, each confirming their written statement (which stands as their evidence-in-chief), followed by cross-examination by the Defendant’s advocate; the process is then reversed for the Defendant.
4. If experts are called, similar procedures are followed for expert evidence.
5. Each side presents closing submissions on the law and evidence.

Key Term: evidence-in-chief
The main, unchallenged evidence given by a witness, usually by confirming their previously served statement on oath in court.

Key Term: cross-examination
The process by which a party's advocate questions the other side's witness to challenge accuracy, reliability, or credibility.

The role of witness evidence

All factual issues in dispute must be proved on the balance of probabilities with admissible evidence. Each party serves witness statements ahead of trial, setting out relevant facts. At trial, the witness statement stands as evidence-in-chief unless the judge directs otherwise, and the witness may then be cross-examined.

Key Term: witness statement
A written statement in the proper form, signed with a statement of truth, containing a witness's evidence that will be relied on at trial.

Key Term: statement of truth
A formal statement declaring that the contents of a document are true, required in witness statements and statements of case.

Expert evidence

Some cases require clarification of technical or specialist issues. The court may grant permission for one or more experts (one per party or jointly instructed) to provide written reports and, if required, to give oral evidence. Expert evidence is only permitted with the court's approval. If experts are called at trial, they are examined in-chief (summarising their opinion), cross-examined, and may be questioned by the judge.

Key Term: expert evidence
Opinion evidence given by a qualified expert, addressing issues outside the typical experience of the judge or parties.

Judgment

Once the evidence and legal submissions are complete, the judge delivers judgment. This may be given orally at the end of the trial or reserved to a later date.

Key Term: judgment
The formal decision of the court at the conclusion of trial, setting out findings of fact, legal conclusions, and remedies or orders.

The judgment addresses:

• Liability: Whether the Claimant or Defendant is successful.
• Remedy: The damages, injunction, or other orders (as appropriate).
• Costs: Which party must pay legal costs and how these are assessed, as well as any interest due.

For most civil claims, reasons for the judgment must be given, though the length and detail vary depending on case complexity.

Orders consequential on judgment

Once judgment has been given, the court may specify what the next steps will be—such as requiring a party to pay a sum by a certain date—or may fix further hearings to assess damages or deal with costs if not finalised at trial.

Confidentiality and publicity

Judgments in civil trials are ordinarily public. Certain cases require confidentiality (for example, where minors or sensitive information are involved), but this must be expressly ordered and justified.

Post-trial steps

If necessary, winners may take steps to enforce a money judgment, such as applying for a charging order, third party debt order, or seizure of goods. The judgment debtor can apply to appeal or seek time to pay.

Worked Example 1.1

You represent the Defendant in a contract dispute proceeding to trial. The Claimant has served a witness statement from their sole witness, who does not attend the trial. Can the court admit the witness statement as evidence?

Answer:
The court may admit the statement as hearsay evidence, but less weight is likely given compared to oral evidence if the witness does not appear for cross-examination.

Worked Example 1.2

Your client wishes to call an expert to give oral evidence at trial, but the other party objects. Can you do so?

Answer:
Unless the court has specifically given permission for expert evidence and for the expert to attend for oral examination, you cannot call the expert. Written reports only are admissible unless oral examination is expressly allowed.

Exam Warning

For SQE2, remember that parties generally cannot introduce new evidence at trial unless special permission is obtained. All factual and expert evidence should be exchanged prior to trial unless there are exceptional circumstances.

Key Point Checklist

This article has covered the following key knowledge points:

• The steps solicitors must take to prepare a civil claim for trial, including witness and expert evidence.
• The sequence and conduct of a civil trial hearing in England and Wales.
• Role and procedure for witness evidence and cross-examination at trial.
• The role, permission requirements, and process for giving expert evidence at trial.
• The process and content of the court’s judgment, including liability, remedy, and costs.
• Essential post-trial steps and avenues for enforcement or appeal following judgment.

Key Terms and Concepts

• trial bundle
• advocate
• evidence-in-chief
• cross-examination
• witness statement
• statement of truth
• expert evidence
• judgment