The trial is the final hearing where a court decides the issues in dispute and gives judgment. For a solicitor, it is the moment everything in the case has been building towards — pleadings, evidence, and applications all feed into this one event. Knowing how a trial runs, who must prove what, and what happens when things go wrong lets you prepare a case properly and advise a client on their real prospects and exposure.
This lesson takes you through the trial from start to finish:
- Purpose, Tracks and Conduct of Trial — what a trial is for, the procedural tracks, the order in which parties present their cases, and the judge's role in running the courtroom.
- Burden and Standard of Proof — who has to prove what, when the burden shifts to the defendant, and the balance of probabilities standard.
- Evidence at Trial — how witness statements, memory-refreshing, cross-examination, re-examination, and non-attendance of witnesses work in practice.
- Applications, Compliance and Non-Attendance — amending statements of case, relief from sanctions, and what happens when a party fails to attend trial.
- Judgment and Costs — the duty to give reasons, standard versus indemnity costs, and the consequences of Part 36 offers.