Proceedings in civil court cases

If your civil court case has not been settled 'out-of-court', it will be scheduled (set down) for trial before a court.

In court, you are typically called the plaintiff and the person being sued is typically called the defendant.

You can find more about taking and appealing a civil case.

You can also find a list of civil law support services on the Courts Service website.

Mediation

Going to court can be costly and time consuming. Before you begin legal proceedings in a court, your solicitor must advise you to consider mediation as a possible way to resolve the dispute using an independent mediator. You can also enter mediation after legal proceedings have begun and before the end of the trial. Find more on mediation and settlement of claims.

The Courts Service also provide information on Legal Advice and Mediation.

Personal injuries

If your dispute is a personal injury claim for compensation following a road traffic, workplace or public liability accident, you start your claim through the Injuries Resolution Board.

Who will hear your case?

Your civil case will most likely be heard by a judge only. A limited number of cases are heard before a judge and a jury, such as some defamation actions. In these cases, the jury will ultimately decide whether the defendant is at fault and the amount of any damages.

How long will your case last?

The length of your case will depend on the length of the evidence and the submissions made.

Find more on what to expect when you go to court.

The Courts Service have information on what and who to expect in court and a video to prepare for your Civil Court hearing.

If the defendant in the case has not admitted they are at fault, the trial or hearing will likely happen in the following order:

• Your barrister will outline to the court the nature of the case and the type of evidence that the judge is likely to hear
• You may give evidence of what happened and what injuries or losses you have suffered.
• Doctors may give medical evidence relating to your injuries if appropriate to your case.
• Engineers or other experts may be called to give evidence if necessary.
• Accountants or actuaries may be called to calculate any loss of your earnings.
• After all the evidence has been given, barristers for each side will make arguments based on the evidence that has been given and the law in that area.
• The judge will then make a decision. The decision may be immediate, or it may be given on another day after the judge has had time to reflect on the case.

Giving evidence at a civil case

You will have to swear an oath on a religious text (or if you are not religious, an affirmation) and answer the questions from your barrister as clearly and concisely as possible. You will give evidence relating to the alleged wrongdoing that occurred, your injuries and your losses.

Cross-examination by the defendant’s barrister

When your barrister has finished asking you questions, you will be cross-examined by the barrister on the other side.

The purpose of cross-examining is to discover the truth. So, you may be asked questions about inconsistencies in your evidence. You may also be told what the defendant or their witnesses say is the true version of events and asked to comment on their evidence.

• All the other witnesses on your side give evidence and may be cross-examined.
• The defendant's witnesses are each called to the witness box and give evidence. Your barrister may cross-examine each one of them.

Final summary by barristers

• When all the witnesses have been called, both barristers may make submissions to the judge to support their client's position in the dispute. This may include summarising or emphasising certain evidence or making legal arguments.
• A judge will decide if the defendant is at fault and if they are liable to pay damages to you.

Proof on the balance of probabilities

You have to prove your civil case on the balance of probabilities. In other words, you must prove that it is more likely than not that the wrongdoing happened and caused your injuries and losses.

A judge will decide:

• If the defendant is at fault and therefore liable to pay damages to you
• The amount of damages to which you are entitled as a result of your losses and injuries
• Who will pay the costs of the proceedings

If the defendant admits that they are to blame and you are not happy with the amount of money offered in settlement of damages, then the matter will be sent to a court to determine the amount of damages you should get.

Assessment for damages

During an assessment for damages, the court focuses on the amount of compensation to be paid.

Evidence of your injuries and losses will have to be given by you and your witness and both legal teams will then make arguments as to what the correct amount should be.

If you have been injured because of any wrongdoing, you will likely be called as a witness so that you can describe your injuries. You may be asked to produce receipts and bills to prove you have incurred all of these expenses, so it is important to keep a file of every bill and receipt.

The judge will assess your case based on an examination of the type and extent of your injuries and/or your losses to date, and possible losses into the future. If you have been injured, the judge will refer to the personal injuries guidelines (pdf).

When will you receive the damages?

Generally, no set period of time is set out for the payment of any damages.

Awards in some civil cases can be paid by the defendant to your solicitor within 6 to 8 weeks, particularly if the defendant is insured.

However, it can often take much longer to receive your damages depending on the financial ability of the defendant and their willingness to pay.

It may be necessary to return to court if the defendant does not pay in a reasonable period of time.

Usually, if you have won the case, the judge will order that the defendant pay your reasonable legal costs as well as their own. If you lose, it is likely you will have to pay the costs of both sides. However, the decision is ultimately made by the judge.

Find out more about legal fees and costs for civil cases.

Assessing costs

If your litigation is in the High Court, Court of Appeal or the Supreme Court the Office of the Legal Costs Adjudicators can assess the fair and reasonable amount that one party has to pay to the other side. Find more on what type of costs can be assessed by the Office.

The Courts Service has information on what and who to expect in court and a video to prepare for your Civil Court hearing.

You can also find a list of civil law support services on the Courts Service website.