A ‘hearing’ is the name given to any formal meeting that takes place with a judge, including the trial.

 The hearing might be face to face or by video or telephone call. 

Hearings before the trial are usually shorter and less formal than the trial. They are a bit like a business meeting. They can happen at any point in the case up until the trial. Most cases have none or very few of them. A small claim is unlikely to have any hearing before the trial. 

The trial is the final hearing - the one when a judge decides who wins and who loses the case.

How many types of hearing are there? 

If your case is complex, or there are problems with the preparation, you may hear different hearings mentioned. The clue about what happens at each of these hearings is usually in the name. Here are some of them:

• Directions hearing – a hearing where the judge gives instructions about what needs to be done to get the case ready for trial. Often everyone is able to agree what should be included in this list of instructions.
• Case management conference – a hearing to talk about how to run the case. It covers what needs to be done and who will do it. You can find a short film about case management conferences on the Ministry of Justice YouTube channel.
• Preliminary hearing – If the judge thinks that a hearing is necessary in a small claim before the trial, it may be referred to as a preliminary hearing.   
• Application hearing – a hearing to deal with an interim application made by the claimant or the defendent. (For further information, see Interim applications - how to ask a civil court to do something.)
• Listing hearing – a hearing to discuss when to put a case in the list of cases to be heard by a judge. You may also discuss where the trial will take place and how much time it will take.

The number of hearings that take place before the trial will partly depend on:

1. the complexity of the case,
2. whether the different sides can agree how the case will be run, and
3. whether everyone does the tasks on time that either they agree to do, or that the court tells them to do.
    

Where will the hearing take place?

In the past, most hearings took place in person with everybody turning up at court to talk to the judge face to face. These days it is common for some types of hearing to take place by video or telephone call. These are known as 'remote hearings'. You can read more about how video and telephone hearings work in our guide Court and tribunal hearings by video and phone call.

Forms and rules

• Relevant rule: Practice Direction 23A - Applications
• Part 6 of this Practice Direction deals with hearings - where they will be held and how people will be told about them.

To get an idea of what to expect when you arrive at court for your hearing, you can find the short film When you arrive for your county court hearing on the Ministry of Justice YouTube channel.

Interpreters

If English is not your first language, or if you are deaf or hard of hearing, you may need an interpreter so you can take part in the court proceedings. You may be able to get an interpreter for free. 

Taking someone with you

Sometimes the courts will allow you to take a friend or relative. They can sit with you, and take notes for you and quietly give advice. 

However, they usually cannot speak for you unless you get the judge’s permission. Permission is usually only given in special circumstances, for example, because you are disabled in a way which makes it difficult for you to speak for yourself.

The final hearing is the trial, where a judge hears the evidence and makes a decision. But this only happens if you and the other side cannot reach an agreement on how to sort out your dispute before then.

People often think the judge will run the hearing; that the judge will ask the other side questions, give them a hard time or unpick the evidence to get at the truth. This is not what happens. If you started the case, you have to take the lead. 

Judges vary in how they start a trial. The judge may invite you to speak, or not. They may just expect you to stand up and start. If you are not sure what to do, just stand up and say something like, ‘Would you like me to start now?’

 The court staff outside the court before the hearing will be able to tell you how to address the judge assigned to your case. If you don’t know the judge’s name or how senior they are, it is best to call a man ‘Sir’ and a woman ‘Ma’am’.

If the trial is taking place in a formal courtroom, you sit in the front row. A member of court staff may look after you while you are waiting outside for the case, and show you where to sit when the case starts. You stand up when you want to speak and sit down when someone else speaks. Only one person should speak (or be standing up) at any one time.

In a small claim, the hearing is likely to be more informal, probably in a judge’s room rather than a court room. You and the defendant may just be seated on opposite sides of a table.  In this situation it is usual for everyone to stay seated when they speak. If in doubt, you can ask the judge.

What happens if I do not turn up?

If you do not turn up to the trial, perhaps because you are feeling very nervous, the trial will still go ahead. However, it is highly likely that you will lose and have to pay the other side’s costs as well as your own. 

If you are nervous, you will almost certainly be allowed to have a friend or family member accompany you for support. That person may provide moral support for you, take notes, and help you with your papers. But they cannot speak for you, unless given permission because of special circumstances (for example, because you are disabled in a way which makes it difficult for you to speak for yourself).

You may think that what you want to say on the day will just occur to you at the time. However, you cannot rely on this. You need to prepare and think ahead about what you are going to say. 

You should plan the questions you want to ask the witnesses and make notes to take with you into court. 

You also need to get your papers organised and be familiar with where everything is.

Preparation is also a way of focusing on what it is you have to prove and being ready to do that. You also need to understand those bits of the law that affect your case.

Witnesses may not always have to stand up and give evidence in the witness box.  

If a witness does answer questions in the witness box, they cannot take anything into the witness box but themselves. They will be given a copy of the trial bundle (which will contain a copy of their statement and all relevant documents). They are expected to be familiar with their evidence and will be asked to confirm that it is theirs, and that they have read it.

Each witness will be asked to swear a religious oath on their chosen holy book orto make an affirmation to tell the truth. It is a serious offence to lie in court after swearing an oath or making an affirmation.

The written witness statement should represent the entirety of the witness evidence. 

If you and your witness are happy with their written witness statement, you just need to ask them to confirm that the content is true. 

If there are any mistakes or problems with what one of your witnesses has said, this is your only opportunity to deal with this. Get the witness to explain, for example, what the mistake is, why it was made and what the correct position is. It is much better to get this out in the open as soon as possible, rather than leave it to the other side to expose it and make it look as though you were hiding something.

 If you want the witness to expand on something in their statement, you will have to ask the judge for permission, and there will need to be a good reason. You will be allowed to ask the witness questions about something that has happened since the witness statements were exchanged. But if you have simply forgotten to include something relevant in the witness statement, then the judge is unlikely to allow you to make up for that at the trial.

Small claims and witnesses

In a small claim, the judge can decide on any way of managing the hearing that he or she considers fair. This might mean the judge decides to question the witnesses directly, before allowing anyone else to. The judge might also decide to limit cross-examination, or not allow it at all.
 

This is how you end your case. Both the claimant and the defendant get a chance to make a closing statement to the court. 

The defendant speaks first and the claimant last.

Usually, the closing submission happens straight after the last witness. If you do not feel ready to make a good job of your closing submission, do not be embarrassed to ask the judge for a little time to collect your thoughts.

However, you can probably work out most of what you want to say before the trial starts. You have some idea of what the evidence is going to be from the witness statements and documents that you have been sent. You also know what your strongest points are. But you will need to take into account what actually happens in the trial. So, be adaptable and leave room for any changes you want to make on the day.

The judge decides who wins and who loses based on whose version of events they prefer and think more believable.

The judge then makes an order about what happens as a result of their decision. This is called ‘giving judgment’. The judgment will say who has won and if you won, how much you have been awarded in compensation and interest.

The court will send both sides a copy of the court order in the post.

Once the judge has made their decision, they will deal with the issue of costs, and you need to be prepared to deal with that, whether you have won or lost.

Transcript

A transcript of the judgment is the judge's full explanation of why they reached their decision in the case.  You can apply for a copy by filling out a form and emailing or posting it to the court office and paying a fee (unless you don’t have to pay court fees because you are on a very low income).

Costs
 

As soon as the judge has made their decision and if you have won, you should stand up and say ‘Please can I have my costs’. You need to be assertive and not lose the opportunity to get paid for the time you have spent on your case. 
You must get an order for costs to allow the court to assess them. For further information about costs and costs assessment see Legal costs and who pays them. 
 

Even if you win, you may have problems getting your hands on what the court awards you. If the other side does not pay or does not do what the court orders, then there are things you can do to make this happen. This process is called ‘enforcement’. There are lots of different methods of forcing the other side to obey the court’s order. But the court does not enforce their order for you, unless you ask them. You have to pay the costs involved in enforcement. You may not get this money back.

You can find out more about enforcement in How to enforce a county court judgment.

• Use plain English. You do not have to – and you should not - speak in legal language or long words.
• Ask questions if you feel unsure about what is going on.
• Don’t be overly concerned about the judge. The judge is not ‘for’ or ‘against’ you - that is not their job. They will usually help or prompt you when necessary.
• Take notes of what the other side and their witnesses say. If you find a weakness in their argument, having notes will help you argue your case more convincingly.
• Ask for someone to support you or take notes for you. In some courts, a volunteer from Support Through Court may be able to come with you.
• Note down the judge’s order at the end. You may not get the written order very quickly after the end of the trial. Ask the judge to repeat parts of the order if you haven’t caught it.
• Ask the judge what the order means if you do not understand it.
• Remember to ask for your costs at the end if you win.

Do I have to actually go to court?

If you have not been able to settle the case, you usually do have to attend a hearing. It might be in a court or it might be online. If you just don’t go, you are very likely to lose and have to pay the other side’s costs as well as your own.

How do I address the judge at the hearing?

You can ask the court staff outside the court before the hearing. If you are not sure, it’s best to call a man ‘Sir’ and a woman ‘Ma’am’.

Where do I sit at the hearing?

It depends on the type of hearing. If you are at the trial (final hearing), this may take place in a formal courtroom, where you will likely sit in the front row. If a member of court staff is looking after you before the hearing, they can show you where to sit. 

In a small claim, the hearing is likely to be more informal, probably in a judge’s room rather than a court room. You and the defendant may just be seated on opposite sides of a table.  

Do I need a solicitor? 

Not in a small claim. You cannot recover solicitor fees even if you win, so most people represent themselves. Use Advicenow’s guides.

A solicitor is often helpful in a fast track claim as the rules are stricter and you can get some costs back if you win, but this is unlikely to cover everything. Plenty of people represent themselves. Use Advicenow’s guides. 

How does the hearing actually work? 

See What happens at the hearing for the ‘order of play’. 

Can I bring a friend to help me?

You can bring a "McKenzie Friend" - someone to sit with you, take notes, and quietly give advice. However, they usually cannot speak for you unless you get the judge’s permission.

What if the other side lies? 

Focus on the evidence. Judges look for documents (receipts, emails, photos) to resolve "he said, she said" disputes.

When will I get the decision?

 In almost all small claims and fast-track cases, the judge gives the decision immediately at the end of the hearing.
 

Affirmation 

When you swear to tell the truth before giving evidence.

Evidence in chief 

The evidence your own witnesses will give on your behalf, either in a written witness statement, or in the witness box. You may also hear this called ‘direct examination’ or ‘examination in chief’.

Case management conference 

A hearing to talk about how to run the case.

Credibility

An assessment of whether a witness is telling the truth and how believable they appear.

Cross examination 

The process of asking the other side's witnesses questions.

Directions hearing

A hearing where the judge gives instructions about what needs to be done to get the case ready for trial.

Fee exempt

Where someone is exempt from paying court fees if they meet the criteria, such as being on a low income or in receipt of certain welfare benefits.

Housing disrepair case 

A type of legal case where you take your landlord to court for failing to repair a problem in your rented property.

Leading questions 

Questions asked in such a way that suggest the answer you want them to give.

Liability 

State of being legally responsible for something. In civil cases you need to prove that the problem is legally the defendant’s fault.

Listing hearing 

A hearing to discuss when to put a case in the list of cases to be heard by a judge.

Particulars of claim 

A detailed written statement setting out the facts and law on which your claim is based and what you want from the defendant.

Oath 

A promise or affirmation made by a witness in court before giving evidence, that they will tell the truth.

Opening submission 

A few sentences spoken out loud summarising your claim, and what you intend to prove.

Other side 

An informal way of talking about your opponent in a legal dispute that ends up in court. You may also hear the more formal ‘other party’.

Practice direction 

An extra bit of guidance that goes with a court rule.

Re-examination 

The process of asking your own witnesses some more questions after they have been questioned by the other side.

Tracks 

Routes through the civil justice system that the court decides your case should take. This guide covers the small claims track and the fast track.

Trial

The final hearing - the one when a judge decides who wins and who loses the case.

Trial bundle 

A collection of the documents relevant to your civil claim organised in the way you and the other side and the judge will use them at the trial.

Value 

How much your claim is worth. You may also hear the legal word ‘quantum’.

Witness statement 

A document in which someone explains what they saw, did or heard.

Disclaimer

The information in this guide applies to England and Wales only. The law is complicated. We have simplified things in this guide. Please don’t rely on this guide as a complete statement of the law. We recommend you try and get advice from the sources we have suggested.

Acknowledgements

This guide was produced by Advicenow. 

We would like to thank everybody who commented on the guide including editorial teams at Thomson Reuters who kindly peer reviewed this updated version.

This guide was updated thanks to funding from the Ministry of Justice.