Author
Author
During my final seat in the Agriculture team, I was given the opportunity to attend a seven-day trial in the High Court. Despite the perception I had when I first started my legal career, trials are relatively rare in practice, as most civil cases settle before reaching trial. It was therefore an interesting experience for me to observe a trial from start to finish and see case law in the making.
About the trial
The trial took place in the Bristol Business and Property Courts. The case related to probate and covered issues such as proprietary estoppel and testamentary capacity.
The trial loosely followed the structure of the trial timetable that had been agreed by the parties in advance. The trial started with some housekeeping, addressing issues raised by the parties relating to formalities such as the admissibility of documents. Each party’s Counsel was then invited to make an opening statement. This was then followed by witness evidence from both lay and expert witnesses – this consisted of examination-in-chief, cross-examination and re-examination. The final few days were dedicated to closing submissions by each party’s Counsel, the purpose of which was to summarise the party’s submissions and refer the Judge to any key facts or evidence as well as any relevant legal authorities.
As a Trainee, I assisted with various tasks in the weeks leading up to the trial, including preparing bundles and assisting with research tasks. During the trial itself, I attended Court with the other lawyers and our clients on each sitting day, which typically lasted from 10.30am-4.30pm. My main roles were taking a note of each day’s proceedings which we could refer back to later (a task which I shared with one of my colleagues), and assisting our witnesses with navigating to the right page in the hardcopy bundles when they were giving evidence. I also assisted with ad-hoc tasks during and around the trial.
Attending a High Court trial as a Trainee
Attending the trial in full and being part of the trial team was a really valuable experience. In particular, it was interesting to observe each advocate’s strategy when examining witnesses, and how each advocate approached presenting their client’s case in their closing submissions, especially given the complexity of the facts and legal arguments. It was also rewarding getting to spend time and build relationships with our clients and Counsel.
If you are given the opportunity to attend trial as a Trainee (or any other Court proceedings), below are my tips from my experience at trial:
- Be willing to help out. As a Trainee you will be an important part of the trial team – you will be expected to contribute to making each day run as smoothly as possible, supporting the lawyers and clients where you can. This may involve volunteering to do the lunchtime sandwich dash, carrying bundles, or speaking to the Court clerks to make sure that your clients and witnesses have everything they need to help them feel comfortable during the day (including water and any adjustments they require). This is also likely to involve helping out with any tasks before or after trial, including tidying up your attendance note, conducting further research or locating additional documents.
- Be adaptable. It is difficult to predict how Court proceedings will unfold, and anyone attending Court will need to be prepared for the unexpected, such as last-minute changes to the trial timetable. Make sure you have considered your other commitments in advance of the trial (both in and outside of work) and communicate with the rest of your team to make them aware of your likely availability while you are at trial.
- Come prepared. Make sure you know where the Court building is and what courtroom you are in each day. Find out in advance what you can and can’t bring into the Court – in most Courts you are likely to have to go through airport-style security checks on arrival, and certain items will be prohibited. Make sure you bring plenty of pens and paper, including post-it notes to allow your team to exchange messages during the trial. You may also wish to ask your supervisors about Court etiquette, including what you should wear and whether there are any formalities you should observe when leaving and entering the courtroom.