How the Court will “manage” your Claim?

Allocate it to a Track

Allocation is the first stage at which a Judge will consider the written arguments advanced by both Parties and go on to manage the Claim by either issuing

  • instructions to both parties as to whet they are to do and on what timescale or
  • set a date for Case Management Conference when these instructions will be given with both parties Lawyers normally linked by telephone to the Court

A Pre-trial Review

If your Claim has a high value or is complex, the Court will normally order the Parties to attend a Pre-Trial Review. This is another form of Case Management Conference that takes place when both parties have done all that the Court has asked to get the Case ready for Trial.
You may be able to use this opportunity to explore a settlement of your Claim before Trial.

You are at Court for Trial!

Well you are the exception to the rule as most cases settle without a Trial but this is of course the end point of the journey you started on when Proceedings were issued.

What happens?

  • before the Trial begins any preliminary issue can be raised
  • Opening speeches – these may be made by a lawyer for both Parties but the Judge will have a written Summary of the Case agreed by both Parties
  • the Claimant’s witnesses give their evidence with the Claimant going first and is asked questions first by his lawyer before facing questions from the Lawyer acting for the Defendant
  • the same procedure is then followed with the Defendant and his witnesses
  • any expert evidence is then dealt with
  • there may then be a closing speech made by the Lawyer acting for each Party
  • the Judge may immediately announce his decision, do so after a short break or do so at a later date

If you become involved in Litigation you can rely on your Team at Brown Turner Ross to

  • guide you through the whole process
  • avoid jargon when doing so
  • keep in mind the main object of the exercise
  • regularly advise you as to the prospects of success
  • explore every opportunity to achieve a cost effective settlement
  • minimise your risk and financial exposure