Civil claim procedures - Trial procedure and judgment

Learning Outcomes

This article explains civil trial procedure and the judgment process in England and Wales, including:

• The main stages of a civil trial, from pre-trial directions and case management through to the delivery of judgment.
• The practical steps solicitors must take to prepare effectively for trial, such as pre-trial checklists, trial bundles, and skeleton arguments.
• The rules governing witness and expert evidence, including hearsay, hostile witnesses, witness summonses, and expert participation at trial.
• The typical conduct of a trial hearing, covering the order of evidence, examination and cross-examination of witnesses, and judicial control of the timetable and admissibility of evidence.
• How judgments are formulated, delivered, and recorded, including findings on liability, remedies, interest, and costs.
• Post-judgment options and procedures, including appeals, time limits, and common methods of enforcement.
• The role and responsibilities of solicitors and advocates throughout trial and judgment, using terminology and procedures 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, with a focus on the following syllabus points:

• 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.
• Pre-trial checklists, trial bundles, and case summaries (skeleton arguments).
• Witness summonses, hearsay notices, and judicial control of evidence at trial.
• Interest and costs (including summary assessment and Part 36 consequences).
• Permission to appeal, appeal routes, and time limits.
• Common enforcement methods following judgment.

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. Civil trials in England and Wales are judge‑alone hearings (no jury for standard civil claims) and are conducted in accordance with the Civil Procedure Rules (CPR) and associated Practice Directions. The standard of proof is the balance of probabilities, and the judge actively manages evidence and time throughout.

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, and finalising the trial bundle and case summary.

In fast-track cases, the court sends the parties a pre-trial checklist (Form N170) usually eight weeks before the trial date or trial window. Failure to file can prompt unless orders and, ultimately, strike-out. In heavier multi-track cases, the court may list a pre-trial review (PTR) to confirm readiness, resolve outstanding issues (e.g., admissibility or timetabling), and set or refine a trial timetable. Throughout, ensure witness and expert availability and that any interpreter or special measures are organised.

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

Key Term: case summary
Also called a skeleton argument in many courts. A concise document identifying issues in dispute, each party’s core submissions on fact and law (with bundle references), and any authorities to be relied on.

A well-prepared bundle is paginated, indexed, and confined to what is necessary. Practice Directions encourage parties to agree authenticity of documents and to flag any objections to specific documents’ admissibility in advance. Judges frequently read the bundle and case summaries before trial, so clarity and signposting matter.

Attendance and representation at trial

Parties are usually represented by solicitors and/or counsel (barristers). County Court and High Court trials can be conducted by a solicitor‑advocate or a barrister, and in many cases the solicitor on the record will conduct parts of the advocacy (e.g., applications or examinations of witnesses), especially on the small and fast tracks. The parties and any witnesses who will give evidence must attend unless the court has permitted evidence by video link or otherwise excused attendance.

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

Where a critical witness might not attend voluntarily, consider applying for a witness summons well in advance. The summons must be served at least seven days before the witness is required to attend and must be accompanied by conduct money to cover reasonable travel expenses and loss of time. Summonses are powerful tools to avoid last‑minute adjournments and to preserve trial dates.

Key Term: witness summons
A court order requiring a person to attend court to give evidence and/or produce documents.

The conduct of the civil trial

The trial typically follows a clear procedure:

• The judge opens, confirms the issues for decision, addresses any outstanding interim matters, and checks the trial timetable.
• The Claimant’s advocate may make a short opening to outline the case; in straightforward trials, judges sometimes dispense with openings if case summaries are sufficient.
• Claimant’s witnesses are called first. Each confirms their witness statement (which stands as evidence‑in‑chief) and may supplement or correct it with the court’s permission. The witness is then cross‑examined by the Defendant’s advocate, and re‑examined by the Claimant’s advocate on matters arising.
• The process is then repeated for the Defendant’s witnesses.
• Expert evidence is taken if permitted and required. The judge may direct concurrent expert evidence (“hot‑tubbing”) or issue‑by‑issue sequencing.
• Each side presents closing submissions on the law and evidence. The Defendant typically goes first, followed by the Claimant.

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.

Key Term: re-examination
Limited questioning by the party who called the witness after cross‑examination, confined to matters arising out of cross‑examination and clarifying ambiguities.

Judges retain strong case management powers to control evidence (CPR 32), including limiting cross‑examination, excluding cumulative or irrelevant material, and varying the order of witnesses to secure a fair and efficient hearing. Advocates should “put their case” to opposing witnesses where credibility is in issue.

Exam Warning

Do not assume the court will entertain new evidence at trial. Unless there are exceptional circumstances and permission is granted, all factual and expert evidence should have been exchanged in accordance with directions.

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. If a party who has served a statement neither calls the witness nor tenders the statement as hearsay, the other party may seek to rely on the statement as hearsay.

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.

Hearsay is admissible in civil trials under the Civil Evidence Act 1995, but the court may attach less weight to it than to oral evidence. Notice provisions (CPR 33) apply where a party intends to rely on hearsay without calling the maker to give oral evidence, and the other party may seek to challenge the weight or require the witness for cross‑examination where appropriate.

Key Term: hearsay evidence
A statement made out of court that is relied upon at trial as proof of the facts stated. Admissible in civil proceedings but generally carries less weight than direct oral testimony.

Where a witness for one side gives testimony adverse to that side’s case or departs materially from their statement, the party may apply to treat the witness as hostile and cross‑examine them to test credibility.

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 confined to matters reasonably required to resolve the proceedings, and the court will often tightly manage the scope and format of expert opinion (CPR 35).

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

The default in many lower value cases is a single joint expert to reduce cost and complexity. If party‑appointed experts are permitted, the court may direct a meeting between experts and a joint statement identifying points of agreement and disagreement. In complex cases, judges may direct concurrent evidence so both experts give evidence together on an issue and can respond to each other’s views in real time. Regardless of how they are appointed, experts owe an overriding duty to the court, not to the instructing party.

Judgment

Once the evidence and legal submissions are complete, the judge delivers judgment. This may be given immediately at the end of the trial (ex tempore) or reserved to a later date, with written reasons handed down subsequently. The court can correct accidental slips or omissions in orders and judgments under the “slip rule” (CPR 40.12).

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 on the causes of action and counterclaims.
• Remedy: The damages, injunction, declarations, specific performance, or other orders (as appropriate). Where damages are not quantified at trial, the court may order an assessment at a later hearing.
• Interest: Pre‑judgment and post‑judgment interest as appropriate.
• Costs: Which party must pay legal costs and how these are assessed, including costs consequences of Part 36 offers and conduct.

For most civil claims, reasons for the judgment must be given, though the length and detail vary with complexity. Judges commonly invite submissions on consequential orders after delivering the main reasons, especially where a Part 36 offer is engaged or where a further hearing is necessary for quantum or costs.

Interest

Pre‑judgment interest is discretionary and typically awarded under section 35A of the Senior Courts Act 1981 (High Court) or section 69 of the County Courts Act 1984 from the date of loss or when the cause of action accrued. Post‑judgment interest on High Court money judgments runs at 8% per annum under section 17 of the Judgments Act 1838 (subject to any contractual rate). In the County Court, statutory post‑judgment interest can apply to qualifying judgments (for most consumer debts this is displaced, but for other County Court money judgments of at least £5,000 a statutory rate may accrue under secondary legislation) unless an instalment order is made. Contractual interest provisions, and the Late Payment of Commercial Debts (Interest) Act 1998 regime for commercial debts, may also be relevant.

Costs

The general rule is that the unsuccessful party pays the successful party’s costs (CPR 44.2), subject to the court’s discretion, including conduct before and during proceedings and any reasonable refusal of ADR. Fast track trials usually conclude with summary assessment of costs; on the multi‑track, the court normally makes an order for costs with detailed assessment to follow unless summarily assessed.

Part 36 offers carry specific and often significant costs consequences. If a Claimant equals or beats its own Part 36 offer at trial, the court must, unless unjust, award enhanced interest on damages and on costs (up to 10% above base rate), indemnity costs from the end of the relevant period, and an additional amount (up to £75,000). If a Claimant fails to obtain a judgment more advantageous than a Defendant’s Part 36 offer, the court will usually make a split costs order in the Defendant’s favour from the end of the relevant period, plus interest on those costs.

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, staying enforcement pending appeal, or listing further hearings to assess damages or deal with costs if not finalised at trial. Where complex obligations are agreed or required (for example, performance of a schedule of remedial works), the court may record them within an order or note that a Tomlin order with a confidential schedule is appropriate if the case is compromised at the doors of court.

Confidentiality and publicity

Judgments in civil trials are ordinarily public, reflecting the principle of open justice. The court may make reporting restriction orders, anonymise parties (e.g., to protect children or vulnerable witnesses), or sit in private where necessary and justified—such as to protect confidential information, trade secrets, or the interests of justice. Absent such orders, trial hearings and judgments are public and may be published.

Post-trial steps

If necessary, successful parties may enforce a money judgment. Common methods include:

• Taking control of goods (warrant or writ of control).
• Third party debt orders (to intercept money owed to the debtor by a bank or customer).
• Charging orders over land or securities, with the possibility of an order for sale.
• Attachment of earnings orders (County Court only).
• Orders to obtain information from the judgment debtor (formerly oral examination).

Interest on High Court money judgments continues to accrue (8% per annum unless otherwise ordered) during enforcement; County Court post‑judgment interest depends on the judgment and enforcement route. Unsuccessful parties may apply for time to pay or seek a stay of enforcement. A party may also consider an appeal.

Appeals in outline

Permission to appeal is required in almost all civil cases (CPR 52). The test is whether the appeal has a real prospect of success or there is some other compelling reason for it to be heard. Applications for permission are usually made to the trial judge at hand down, or to the appeal court, and must be lodged within 21 days of the decision (unless the court orders otherwise). Appeals generally proceed by review rather than re‑hearing. The appeal court may affirm, set aside, vary the order, or order a retrial.

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.

Worked Example 1.3

You served a hearsay notice under CPR 33 indicating you would rely on a key document whose maker will not attend. The other party objects and seeks to exclude the document entirely. What factors will the judge consider?

Answer:
The court is unlikely to exclude admissible hearsay outright but will consider the weight to attach. Relevant factors include why the maker is not called, the contemporaneity and reliability of the statement, whether it was made under a duty to speak the truth, and the ability to test it by other evidence. Procedural compliance with notice requirements also matters.

Worked Example 1.4

At a fast-track trial, the Claimant equals its own earlier Part 36 offer. What are the likely consequences?

Answer:
Unless unjust, the court will award the Claimant indemnity costs from the day after expiry of the relevant period, enhanced interest on damages and on those costs (up to 10% above base rate), and an additional amount (capped at £75,000), in addition to standard pre‑Day 22 costs and normal interest.

Worked Example 1.5

Your client wins at trial in the High Court. The order requires payment “within 14 days.” The Defendant does not pay. What practical enforcement options can you outline immediately?

Answer:
Consider a writ of control to seize goods, a third party debt order against bank balances or receivables, a charging order over the debtor’s land or securities (with a potential order for sale), and, if the debtor is employed, an attachment of earnings (County Court). An order to obtain information may be used early to identify assets. Interest at 8% per annum accrues on High Court money judgments.

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 pre-trial checklists, witness and expert evidence, and trial bundles.
• The sequence and conduct of a civil trial hearing in England and Wales, including judicial control of evidence and trial timetabling.
• Role and procedure for witness evidence, hearsay, and cross‑examination at trial, including the use of witness summonses.
• The role, permission requirements, and process for giving expert evidence at trial, including experts’ meetings and joint statements.
• The process and content of the court’s judgment, including liability, remedy, interest (pre‑ and post‑judgment), and costs.
• Costs outcomes and the effect of Part 36 offers at and after trial, including indemnity costs, enhanced interest, and additional amounts.
• Orders consequential on judgment, including time to pay, stays, and directions for damages assessment or costs.
• Post‑trial steps: appeal permission tests and time limits; common enforcement methods (control of goods, charging orders, TPDOs, attachment of earnings, and orders to obtain information).
• Open justice, reporting restrictions, and when judgments may be anonymised or heard in private.

Key Terms and Concepts

• trial bundle
• advocate
• evidence-in-chief
• cross-examination
• re-examination
• witness statement
• statement of truth
• hearsay evidence
• expert evidence
• witness summons
• case summary
• judgment