Trial arrangements
Direction | Explanation |
The trial will be listed as follows:
| Initially, a claim may be given a “trial window” of several weeks, during which it is expected the trial will take place. The estimate of the length of the trial is provisional at this stage. If a party comes to believe that too much or too little time has been allowed, he must inform the court, giving reasons. |
| There may be periods when a party or a witness would not be able to come to court. The party must inform the court of this by the date stated. If he does not, it may be very difficult or impossible to change the trial date later. |
| You can the pre-trial checklist, though the court will usually send out one to each party. Use it to confirm that everything necessary has been done in readiness for the trial. Where this has gone wrong, the judge will probably give further directions. You can apply for particular directions to be given if you wish. |
By 4pm on [date] the parties are to apply to the Clerk of the Lists for an appointment to fix a date or period for trial
| This direction is given only in claims proceeding in the Royal Courts of Justice in London |
There will be a pre-trial review [4] weeks before the trial window starts with a time estimate of [30] minutes. The pre-trial review will be conducted by telephone unless the court orders otherwise. The Claimant must make the relevant arrangements in accordance with Practice Direction 23A Civil Procedure Rules. | A pre-trial review is held if the case is complex or the trial is expected to be lengthy. The aim is to make sure the trial will proceed efficiently, particular areas of dispute being identified and narrowed down as far as possible. Judges often take hearings by telephone, though less often when parties are unrepresented. |
At least 3 clear days before the pre-trial review the Claimant must file and send to the other party or parties preferably agreed and by email:
| The Claimant, in co-operation with the other party or parties, must help the judge by suggesting the directions that are thought to be needed. |
Not more than 7 nor less than 3 clear days before the trial, the Claimant must file at court and serve an indexed and paginated bundle of documents, which complies with the requirements of Rule 39.5 Civil Procedure Rules. The parties must endeavour to agree the contents of the bundle before it is filed. The bundle will include:
| The trial bundle becomes the working folder from which the judge and everyone else involved in the trial will work. While one party (usually, as here, the Claimant) is given the job of preparing it, he must do so in consultation with the other parties. |
The parties must file with the court and exchange skeleton arguments at least 3 days before the trial by email. | A skeleton argument sets out how as a matter of law a party’s case is justified. If you are unrepresented, you will probably need the help of a lawyer to prepare this. |