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When a claim proceeds to trial, it marks a crucial point in the dispute resolution process. Whether you’re pursuing or defending a claim, having the right legal support can make all the difference. At Franklins Solicitors, we guide you through each stage, ensuring you’re informed, organised, and represented appropriately.
Once a court date is confirmed, both parties will be formally notified of the time, date, and location of the hearing. The structure of the trial can vary depending on which court track the claim is allocated to (Small Claims, Fast Track or Multi-Track). Small claims hearings tend to be less formal, while higher-value or more complex cases involve more structured proceedings.
The Judge will have reviewed the case materials in advance. During the hearing:
Being well-prepared and presenting your evidence clearly is vital to a successful outcome.
While legal representation isn’t mandatory, especially in straightforward small claims matters, many clients choose to have a solicitor or barrister present for peace of mind and to strengthen their case. We’ll advise you on whether professional advocacy is beneficial based on the complexity of your claim and the court track it’s on.
At the end of the hearing, the Judge will deliver a decision, either immediately or shortly after. This is known as Entering Judgment. If the judgment is in your favour and the other party fails to comply, we can support you in taking appropriate enforcement action to recover what is owed.
If you need help or support preparing for a trial relating to a debt claim or a recovery process, our expert team of solicitors with more than 40+ years of experience will be able to help.
A trial in a debt recovery case will usually involve the formal hearing as part of the process and the conclusion in which the judge reaches a decision. Depending on how straightforward or complex the case is will determine whether legal representation is needed in court. In some cases an individual may feel more comfortable having a legal professional present.
During a claims trial, individuals should ensure they answer questions concisely, refrain from waffling or speaking too much, they should address the court staff appropriately and adhere to the rules of the court.
Make sure your documentation is organised so that it is easy for the courts to assess evidence, take plenty of notes during the trial so that you can refer to what has been said in court, stay organised with your documentation and do not lie, exaggerate or distort any statements during court.
When a case is set for trial the court will hear evidence from both sides. In the debt recovery process this means the court will hear evidence from both the claimant and the defendant before reaching judgment.
A case goes to trial, it can be several months between the original claim being made and reaching a conclusion. The actual time spent physically in court is usually limited to a few days, if the case is complex.
If you have any questions about trials, please don’t hesitate to contact our team of experts who are on hand and ready to help you.
