Trial
Barristers can also help with drafting the claim or defence in accordance with strict court rules as well as advising, in more complex cases, on evidence. The length of the trial will depend on the complexity of the legal and factual issues to be resolved and the number of witnesses permitted to give evidence. The trial will be held in public, unless the court has ordered that it may be held in private because it involves matters of a confidential nature and publicity would cause harm or damage. The trial will be heard by a single Judge alone except in some fraud and defamation cases.
Once the trial dates are fixed, it is difficult to change them without a very good reason. Therefore, although many cases settle, it is important to be properly prepared in case the matter does proceed to trial. Sometimes the Judge orders that a pre-trial review be held to ensure everything is ready for trial or, if not, ensure that it will be. Trial bundles are usually prepared by the claimant which include all the relevant court papers and evidence for use by the Judge, barristers, witnesses and parties at trial. Barristers are instructed to represent the parties at trial. They are trained to present the parties’ cases to the Judge and cross examine witnesses.
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