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The Queen's Bench Guide
Section 9
Trial, Judgments and Orders
Section 10 Trial, Judgments and Orders
10.1 General
  10.2 The Trial
10.3 Judgments and orders
Judgment or order for payment of money on behalf of a child or patient
Provisional damages
10.1 General
 
10.1.1   The trial of a claim in the Royal Courts of Justice normally takes place before a High Court Judge or a Deputy sitting as a High Court Judge. A Master may assess the damages or sum due to a party under a judgment and, subject to any Practice Direction, may try a claim which is
  
(1)   treated as being allocated to the multi-track because it is proceeding under Part 8, or
(2)   with the consent of the parties, allocated to the multi-track under Part 26.
10.1.2   Claims for defamation, malicious prosecution or false imprisonment will be tried by a Judge sitting with a Jury unless the court orders otherwise.
10.2 The Trial:
 
10.2.1   See paragraph 2.4. above about representation at the trial, and paragraphs 7.11.14 and 7.11.15 above about recording of proceedings.
10.2.2   Rule 39.3 sets out the consequences of a party’s failure to attend the trial and see also paragraph 2 of the Part 39 Practice Direction.
10.2.3   The Judge may fix a timetable for evidence and submissions if it has not already been fixed. The claimant’s advocate will normally begin the trial with a short opening speech, and the Judge may then allow the other party to make a short speech. Each party should provide written summaries of their opening speeches if the points are not covered in their skeleton arguments
10.2.4   It is normally convenient for any outstanding procedural matters or applications to be dealt with in the course of, or immediately after, the opening speech. In a jury trial such matters would normally be dealt with before the jury is sworn in.
10.2.5   Unless the court orders otherwise, a witness statement will stand as the evidence in chief of the witness, provided s/he is called to give oral evidence. With the court’s permission, a witness may amplify his/her witness statement or give evidence in relation to new matters which have arisen since the witness statement was served on the other parties.
10.2.6   The Court Associate will be responsible for any exhibits produced as evidence during the trial. After the trial, the exhibits are the responsibility of the party who produced them. Where a number of physical exhibits are involved, it is desirable, if possible, for the parties to agree a system of labelling and the manner of display, beforehand. The Associate will normally draw the Judgment or order made at the trial.
10.2.7   At a jury trial, it is the parties’ responsibility to provide sufficient bundles of documents for the use of the jury.
10.2.8   Facilities are available to assist parties or witnesses with special needs. The Queen’s Bench Listing Office should be notified of any needs or requirements prior to the trial, in writing.
10.3 Judgments and orders:
 
10.3.1   Part 40 deals with judgments and orders. Rule 40.2 contains the standard requirements of a judgment or order and Rule 40.3 contains provisions about drawing them up, see also paragraph 1 of the Part 40B Practice Direction for more information.
10.3.2   Provisions concerning consent orders are contained in Rule 40.6 which sets out in paragraph (3) the types of consent judgments and orders that may be sealed and entered by a court officer, provided;
  
(1)   that none of the parties is a litigant in person, and
(2)   the approval of the court is not required by a Rule, a Practice Direction or an enactment.
   Other types of consent order require an application to be made to a Master or Judge for approval. It is common for a respondent to a consent order not to attend the hearing but to provide a written consent. The consent may either be written on the document or contained in a letter, and must be signed by the respondent, or where there are solicitors on record as acting for him, by his/her solicitors. Paragraph 3 of the Part 40B Practice Direction contains further information about consent orders.
10.3.3   Rule 40.11 sets out the time for complying with a judgment or order, which is 14 days unless the judgment or order specifies otherwise (for example by instalments), or a Rule specifies a different time, or the judgment or proceedings have been stayed.
10.3.4   The Part 40B Practice Direction contains further information about the effect of non-compliance with a judgment or order (and sets out the penal notice), adjustment of the final judgment sum in respect of interim payments and compensation recovery, and refers to various precedents for types of judgments and orders. See also;
  
(1)   the Part 40 Practice Direction- Accounts and Enquiries, and
(2)   the Part 40C Practice Direction- Structured Settlements which sets out the procedure to be followed both on settlement and after trial. Precedents for structured settlement orders, Parts 1 and 2, are annexed to the Practice Direction.
10.3.5   Where judgment is reserved, the Judge may deliver his/her judgment by handing down the written text without reading it out in open court. Where this is the case, the advocates will be supplied with the full text of the judgment in advance of delivery. The advocates should then familiarise themselves with the contents and be ready to deal with any points which may arise when the judgment is delivered. Any direction or requirement as to confidentiality must be complied with.
10.3.6   The judgment does not take effect until formally delivered in court. If the judgment is to be handed down in writing copies will then be made available to the parties and, if requested and so far as practicable, to the law reporters and the press.
10.3.7   The Judge will usually direct that the written judgment may be used for all purposes as the text of the judgment, and that no transcript need be made. Where such a direction is made, a copy will be provided to the court’s Recording and Transcription Unit, Room WB14, from where further copies may be obtained (and see paragraph 7.11.14 above).
   Judgment or order for payment of money on behalf of a child or patient
10.3.8   The usual order made at trial will make provision for any immediate payment to the litigation friend or his/her legal representative and for the balance of the award to be placed to a special investment account pending application to a Master or District Judge (in the case of a child) or the Court of Protection (in the case of a patient) for investment directions. The order will specify the time within which the application should be made. It should also deal with any interest accrued to the date of Judgment, and or any interest which accrues in the future. An Order should also refer to Majority directions, and decisions on investment of the fund in Court.
10.3.9   The litigation friend or his/her legal representative should then write to or make an appointment with;
  
(1)   in the case of a child, the Master or District Judge in accordance with paragraph 6.8.6 above and the Part 21 Practice Direction, or
(2)   in the case of a patient, the Court of Protection in accordance with paragraph 11 of the Part 21 Practice Direction.
10.3.10   Where after trial the Judge has found in favour of a child or patient, instead of judgment being given, the proposed award of damages may be paid by way of a structured settlement. The structure must be approved by the Judge, and in the case of a patient must also be approved by the Court of Protection. (See also the Part 40C Practice Direction – Structured Settlements.)
   Provisional damages
10.3.11   Rule 41.1 defines an award of provisional damages. Where there is a chance that a claimant may in the future develop a particular disease or deterioration as a result of the event giving rise to the claim, s/he can seek an award of damages for personal injury on the assumption that s/he will not develop the disease or deterioration, with provision for him to make a further application within the time specified in the order, ifs/he does so develop the disease or deterioration.
10.3.12   The Part 41 Practice Direction gives further information about provisional damages awards and, in particular, about the preservation of the case file for the time specified in the order for making a further application, and the documents to be included in the case file. A precedent for a provisional damages judgment is annexed to the Practice Direction.