Evidence
Once disclosure is complete, the parties prepare their evidence for trial. This is governed by CPR Part 32 (Evidence) and CPR Part 35 (Experts and Assessors).
- Witness Statements: Each party will prepare written statements from the witnesses of fact they intend to call at trial. These statements must contain the truth, the whole truth and nothing but the truth, and be signed with a statement of truth. The witness statements are then exchanged with the other side. At trial, the witness statement usually stands as the witness”s “evidence in chief”. The witness will then be “cross-examined” by the other party”s barrister.
- Expert Reports: If the case involves technical issues that are outside the normal knowledge of the court (e.g., a surveyor in a construction dispute, a doctor in a medical negligence claim), each party may need to instruct an expert witness. The expert has a duty to the court to be independent and objective. The expert will prepare a report giving their opinion on the technical issues. The parties will exchange expert reports. The court”s permission is required to rely on expert evidence.
The Trial
The trial is the final hearing of the case, where a judge will hear the evidence and make a decision.
- Trial Bundle: Before the trial, the parties will agree on a “trial bundle”. This is a set of lever-arch files containing all the important documents in the case (statements of case, witness statements, expert reports, key documents from disclosure).
- Trial Timetable: The court will set a timetable for the trial, setting out how long each stage will take.
- Opening Submissions: The trial usually begins with the claimant”s barrister making an opening speech, outlining their case. The defendant”s barrister may also make an opening speech.
- Evidence: The witnesses for each party will be called to give evidence. This will involve cross-examination by the other party”s barrister.
- Closing Submissions: After all the evidence has been heard, the barristers will make closing submissions, summarising their case and why they should win, by reference to the evidence and the law.
- Judgment: The judge will then give their judgment. Sometimes the judge will give their judgment at the end of the trial (“ex tempore”. In more complex cases, the judge may “reserve” judgment and give it in writing at a later date.
Trial Fees
A court fee is payable for the trial. The amount of the fee depends on the track and the length of the trial. You can find details of the fees in the EX50 leaflet.