Trial

Introduction

By the time a civil claim reaches **trial**, the overwhelming majority of cases will already have settled. Those that do not must be brought to a hearing where the judge decides the issues that remain in dispute. This chapter takes you through the **final stage** of the litigation timeline: **preparing for trial** (witnesses and the **trial bundle**), the **conduct of the trial itself** (examination-in-chief, cross-examination, re-examination, closing speeches and judgment), the rules of **courtroom etiquette**, and the **nature and effect of judgment** (liability, quantum, interest, costs and additional orders such as injunctions).

Assessment focus

For the SQE1 FLK1 Dispute Resolution assessment you must understand how a civil case is **prepared for and conducted at trial**. Examinable points include: the use and effect of a **witness summons** (including the **seven-day** service requirement and the consequences of failing to serve one), the **contents** of the trial bundle and the **window for filing it** (not more than seven and not less than three days before trial), the **order of events** at trial, and the **components of a judgment** — in particular the general rule on **costs** under **CPR 44.2(2)(a)** and the difference between **fast-track** summary assessment and **multi-track** detailed assessment. SQE1 questions are single best answer questions set in **realistic client-based scenarios**; you must **apply** these rules. This is a closed-book assessment — recall the timeframes and CPR references from memory.

Study tips

1) Memorise the **trial-bundle window**: filed by the **claimant**, **not more than 7 and not less than 3 days** before the start of the trial. 2) Memorise the **witness-summons rule**: serve **at least 7 days** before attendance; the **court's permission** is needed to issue it **less than 7 days** before trial (**CPR 34.3(2)(a)**). 3) Remember **police officers must always be served** with a witness summons. 4) Learn the **order of trial**: examination-in-chief → cross-examination → re-examination → closing speeches (**defence then claimant**) → judgment. 5) On **costs**, the general rule (**CPR 44.2(2)(a)**) is that the **loser pays the winner's costs**; **fast-track** = judge assesses the amount **there and then**; **multi-track** = a **costs judge** assesses the amount at a later **detailed assessment**.