Trial

A trial is the formal hearing at which the court determines the disputed issues of fact and law, hears evidence, and delivers judgement. It is the culmination of the litigation process. Under the CPR, the court manages the trial timetable and may limit the time for cross-examination, submissions, and the number of witnesses.

In practice

The trial process typically involves opening submissions, examination and cross-examination of witnesses, expert evidence, and closing submissions. The judge then delivers judgement, either immediately or as a reserved judgement handed down later. Most civil claims settle before trial: only around 3% of issued claims reach a contested hearing. The trial judge also determines the costs order.