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| 8.1 |
An important aim of all concerned must be to ensure that at trial court time is used as efficiently as possible. Thorough preparation of the case prior to trial is the key to this.
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| 8.2 |
Chapter 7 of this Guide applies to preparation for a trial as well as for other hearings in court. This Chapter contains matters which principally affect trials.
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| 8.3 |
The court may, either at the outset of the trial or at any time thereafter, fix time limits for oral submissions, and the examination and cross-examination of witnesses. (See paragraphs 3.15 -- 16.)
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Oral submissions
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| 8.4 |
In general, and subject to any direction to the contrary by the trial judge, there should be a short opening statement on behalf of the claimant, at the conclusion of which the judge will invite short opening statements on behalf of the other parties.
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| 8.5 |
Unless notified otherwise, advocates should assume that the judge will have read their skeleton arguments and the principal documents referred to in the reading list lodged in advance of the hearing (see paragraph 7.17). The judge will state at an early stage how much he or she has read and what arrangements are to be made about reading any documents not already read, for which an adjournment of the trial after opening speeches may be appropriate. If the judge needs to read any documents additional to those mentioned in the reading list lodged in advance of the hearing, a list should be provided during the opening.
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| 8.6 |
It is normally convenient for any outstanding procedural matters to be dealt with in the course of, or immediately after, the opening statements.
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| 8.7 |
After the evidence is concluded, and subject to any direction to the contrary by the trial judge, oral closing submissions will be made on behalf of the claimant first, followed by the defendant(s) in the order in which they appear on the claim form, followed by a reply on behalf of the claimant. In a lengthy and complex case each party should provide written summaries of their closing submissions.
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| 8.8 |
The court may require the written summaries to set out the principal findings of fact for which a party contends.
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| 8.9 |
In the preparation of witness statements for use at trial, the guidelines in Appendix 9 should be followed.
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| 8.10 |
Unless the court orders otherwise, a witness statement will stand as the witness' evidence in chief if he or she is called and confirms that he or she believes the facts stated in the statement are true: rule 32.5.
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| 8.11 |
A witness may be allowed to supplement his or her witness statement orally at the trial before submitting to cross-examination, for example to deal with events occurring, or matters discovered, after his or her statement was served, or in response to matters dealt with by another party's witness, but a party seeking to examine in chief a witness who has provided a witness statement must satisfy the judge that there is good reason not to confine the evidence to the contents of his or her witness statement: see rule 32.5(3) and (4). Where practicable a supplementary witness statement should be prepared and served on the other parties, as soon as possible, to deal with matters not dealt with in the original witness statement. Permission is required to adduce a supplementary witness statement at trial if any other party objects to it. This need not be sought prior to service; it can be sought at a case management conference if convenient or, if need be, at trial.
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| 8.12 |
Witnesses are expected to have re-read their witness statements shortly before they are called to give evidence.
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| 8.13 |
Where a party decides not to call a witness whose witness statement has been served to give oral evidence at trial, prompt notice of this decision should be given to all other parties. The party should make plain when he or she gives this notice whether he or she proposes to put, or seek to put, the witness statement in as hearsay evidence. If he or she does not put the witness statement in as hearsay evidence, rule 32.5(5) allows any other party to put it in as hearsay evidence.
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| 8.14 |
Facilities may be available to assist parties or witnesses with special needs, whether as regards access to the court, or audibility in court, or otherwise. The Chancery Judges' Listing Office should be notified of any such needs prior to the hearing. The Customer Service Officer (tel 020 7947 7731) can also assist with parking, access etc.
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| 8.15 |
The party cross-examining is not necessarily obliged to put his or her case
to each witness even if they deal in chief with the same point. It may be
sufficient if he or she puts it to one of the other side's witnesses. If
that witness makes any admission or expresses any opinion or otherwise adds
a qualification to his or her evidence, the party cross-examining can rely
on it in argument but he or she cannot assume that other witnesses would
have made the same admission or qualification and expressed the same
opinion: see Re Yarn Spinners' Agreement [1959] 1 All ER
299 at 309 per Devlin J.
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| 8.16 |
The trial judge may disallow expert evidence which either is not relevant for any reason, or which he or she regards as excessive and disproportionate in all the circumstances, even though permission for the evidence has been given.
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| 8.17 |
The evidence of experts (or of the experts on a particular topic) is commonly taken together at the same time and after the factual evidence has been given. If this is to be done it should be agreed by the parties before the trial and should be raised with the judge at the PTR, if there is one, or otherwise at the start of the trial. Expert evidence should as far as possible be given by reference to the reports exchanged.
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| 8.18 |
The evidence of experts must be impartial, complying with rule 35.3. If it is not it may be disregarded.
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| 8.19 |
Some cases involve a number of physical exhibits. The parties should endeavour to agree the exhibits in advance and their system of labelling. Where it would be desirable, a scheme of display should be agreed (e.g. on a board with labels readable from a distance). Where witness statements refer to these, a note in the margin (which can be handwritten) of the exhibit number should be added.
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