Top tips for attending a court hearing
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This article covers what to expect from the court process for customers whose claim occurred before the 31st May 2021 or they have suffered a severe injury.
Attending court for anyone can be a really daunting experience. Here at Minster Law, we ensure that all our clients are fully prepared in the unlikely event that that their case proceeds to a court hearing.
Whilst most civil cases settle before trial through negotiation, ADR (alternative dispute resolution), or a JSM (joint settlement meeting), a very small percentage do not.
As a claimant who is pursuing a claim for compensation, it is ultimately up to you to prove the case. Minster Law will guide you through the claim process and advise you in relation to the claim each and every step of the way. In the unlikely event that a reasonable settlement cannot be reached in relation to a claim, then legal proceedings will need to be issued in order for a court to resolve the outstanding issues, whether this be in relation to liability or quantum (the value of the claim).
Once proceedings are issued, then there are a number of directions which have to be followed before trial which include the parties disclosing all documents which they have in their possession and also exchanging witness evidence.
A witness statement is a vital piece of evidence and must be factually correct. This will be used as the ‘evidence in chief’ and will be referred to at any court hearing. It is therefore important that any statement provided is truthful and provides as much detail as possible in relation to the extent of the claim. This will be prepared by your solicitor following several discussions throughout the case and, once finalised, you will be required to sign a statement of truth.
Depending on the overall value of the claim, you may have conferences with a barrister on one or more occasion in order to discuss the issues in relation to the claim, the value, and the evidence generally. Your solicitor will discuss the claim and explain the court procedure to you. The barrister or solicitor may very well ask you questions that they believe the defendant will ask when cross examining you. This is done so you are prepared and to some extent know what to expect on the day.
On the run up to the trial date, your solicitor will prepare the cases for trial, this includes putting all documents into one bundle for the court to consider at the hearing. This is called a trial bundle and is used by all parties at trial so several copies will be prepared. You will also receive a copy on the day and will be referred to pages within the document in which you are to be questioned on. Prior to the hearing, the parties will prepare skeleton arguments and file them with the court to enable the judge to be informed early of what the issues are in relation to the claim.
It is important that you are prepared for the hearing and that you familiarise yourself with regards to the evidence. This includes ensuring that you have read your statement again and also the medical evidence that has bene obtained. Also ensure that you have revisited your schedule of loss. If any anytime you have concerns with regards to the hearing or are not sure, then you should bring this up with your solicitor as soon as possible.
Every case is different, but the general rules to attending a hearing apply. Here are our tips for preparing for a hearing.
Remember, most case never go before the court as most cases are settled through negotiation.