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View the related checklists about Cross-examination

Considerations when dealing with litigants in person—checklist

Considerations when dealing with litigants in person—checklist Issue Comment Link to Lexis+® UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative’s paramount duty is to the court and to the administration of justice. Subject to that, the legal representative’s duty is to the client. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceThe Law Society—Litigants in person: guidelines for lawyers, paras 7–9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person’s behalf. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society—Litigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...

Drafting checklist for claim or response—unfair dismissal: misconduct

Drafting checklist for claim or response—unfair dismissal: misconduct Issues for both parties • Was the Claimant an employee? See Entitlement to claim unfair dismissal—Eligibility and Employee status • Did the Claimant have the requisite qualifying service? See Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See The early conciliation requirement • Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Unfair dismissal time limit and The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions) • Is the contract of employment arguably void for illegality? See Entitlement to claim unfair dismissal—Illegality • Does the Claimant fall within a category of employee excluded from unfair dismissal protection, eg police constables? See Entitlement to claim unfair dismissal—Particular types of employment • Was the Claimant’s work based in Great Britain? See Entitlement to claim unfair dismissal—Whether employee works in Great Britain • Was...

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Intellectual Property Enterprise Court proceedings—flowchart

Intellectual Property Enterprise Court proceedings—flowchart This Flowchart outlines the typical steps and timetable involved in a set of proceedings in the Intellectual Property Enterprise Court (IPEC), formerly the Patents County Court. The IPEC forms part of the Intellectual Property List (Chancery Division) which forms part of the Business and Property Courts of the High Court. The general Intellectual Property List has two sub-lists: Patents Court and the IPEC. Claims may also be brought in a Business and Property Court regional centre. For further information about starting a claim in the Business and Property Courts, see Practice Note: Business and Property Courts. The same deadlines that apply to IPEC claims would apply to IPEC small claims track cases, but given the nature of a small claim, many of these steps would probably be absent from such a case. For further information, see Practice Notes: Intellectual Property Enterprise Court—costs capping in practice and Intellectual Property Enterprise Court—practical points on case management and The Intellectual Property Enterprise Court Guide. Extensions of time...

View the related practice notes about Cross-examination

Witness evidence—preparing for trial

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further in the section: Court specific guidance.This Practice Note should be read in conjunction with Practice Notes: Witness evidence—the mechanics of giving evidence at trial, Trials—overview and Preparing for trial.You should also give consideration to provisions applicable to the specific track on which your claim is proceeding—see, for example, Practice Note: Small claims track—case management—Witness evidence.This Practice Note does not consider the issue of vulnerable witnesses—for further guidance, see Practice Note: Planning witness evidence and choosing witnesses—Vulnerable witnesses.Importance of preparing witness evidenceEffective preparation and presentation of evidence is particularly important given the limited grounds for appealing the factual basis of a decision. Swift v Fred Olsen Cruise Lines (FOCL) is an example of the Court of Appeal dismissing an appeal where, among other things, the factual evidence had not been properly presented at...

Witness evidence—the mechanics of giving evidence at trial

This Practice Note sets out how to give evidence at trial under Part 32 of the CPR. It considers when a factual witness is allowed to give oral evidence at trial and the various stages of giving evidence, ie swearing in, evidence in chief (also referred to as examination in chief), supplemental evidence, cross-examination and re-examination. It also addresses giving evidence through an interpreter. The courts’ drawing of inferences in the absence of witnesses and how courts address the issue where one or more of the parties is not legally represented (under CPR 3.1A).Depending on the court in which your claim is proceeding, additional provisions and practices may apply, see: Court specific guidance section below.You should also read this Practice Note in conjunction with:•Practice Notes:◦Evidence—status, use and admissibility of witness statements and other factual matters◦Witness evidence-preparing for trial◦Preparing for trial◦Order of play and trial timetables◦Remote and hybrid hearings in civil proceedings◦Witness evidence—giving evidence remotely in civil proceedings•Trials—overviewThe issue of vulnerable witnesses is covered in Practice Note: Planning witness evidence and...

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Letter—to witness regarding giving evidence and procedure at tribunal hearing

Letter—to witness regarding giving evidence and procedure at tribunal hearing [Insert name and address of witness] Private and confidential Dear [insert name] [Insert name] Employment tribunal claim Employment tribunal hearing [insert date] Further to our recent [correspondence OR discussions], I write in order to provide you with some information as to the tribunal procedure, and what to expect at the hearing listed for [insert date], at which you have agreed to appear as a witness. Before the hearing It would be most helpful if, before the hearing, you familiarise yourself with your witness statement and any documents that I have sent to you for the purposes of this hearing. As discussed when we prepared your witness statement, it is very important that you are happy with its contents, as the more confident you are with your statement, the easier you will find the experience of giving evidence and the better your evidence will come across to the tribunal. If you have any questions regarding your statement,...

Letter to client about experts

Letter to client about experts Private & confidential [insert name and address of client] [insert date] Dear [insert name of client] [insert case heading] As we have already discussed, we will require expert evidence to prove or to refute a number of issues in this claim. To be able to rely on such evidence requires the court’s permission which will be need to be sought during the case management conference fixed for [date]. Prior to that we are required to complete a directions questionnaire which provides the court with information in relation to different aspects of the proceedings including the need for expert evidence and the subject of the expertise required. While we are still at an early stage of the claim, we need to be able to provide specific information about the issues requiring expert evidence and, if possible, seek to agree these with the other parties, as well as an estimate of the likely costs associated with using expert evidence. The last is also important for...

View the related q&as about Cross-examination

To what extent can a party rely on the original pleadings of another party after they have been amended, insofar as those amendments fundamentally change that parties case?

To what extent can a party rely on the original pleadings of another party after they have been amended, insofar as those amendments fundamentally change that parties case? For these purposes, we assume that the amendments are either: • with the court’s permission, or • without the court’s permission and that they have not subsequently been disallowed We also assume that they have been verified by a statement of truth and that no objection is being raised to the amendments themselves. As to all of these assumptions, we refer you to Practice Note: Amending a statement of case—introduction. Once served, a statement of case may only be amended with the consent of all other parties or with the permission of the court. Even if the permission of the court is not required and even if all the other parties consent, the court may subsequently disallow any amendment. Whenever making an amendment to a statement of case, a party should remember that the content of the original statement...

In criminal proceedings, what information must the prosecution disclose before the defendant has to enter a plea (in the magistrates court/crown court) and what can you do if the prosecution provide inadequate disclosure?

In criminal proceedings, what information must the prosecution disclose before the defendant has to enter a plea (in the magistrates court/crown court) and what can you do if the prosecution provide inadequate disclosure? Service of initial details of the prosecution case The Criminal Procedure Rules 2020, SI 2020/759, part 8 (CrimPR), applies in any case (r. 8.1(1)). Rule 8.2(1)(a) requires the prosecutor, as soon as practicable (and, in any event, no later than the beginning of the day of the first hearing), to provide to the court 'initial details' of the prosecution case. These initial details of the prosecution case do not have to be supplied automatically to the accused; rather, r. 8.2(2) provides that, if the accused requests the initial details, the prosecutor has to serve them as soon as practicable (and, in any event, no later than the beginning of the day of the first hearing); if the accused does not request those details, the prosecutor must make them available to the accused at, or...

View the related News about Cross-examination

HMCTS announces Pre-recorded evidence service now live across all Crown Courts

HM Courts & Tribunals Service (HMCTS) has announced that its Pre-recorded Evidence (PRE) service is now operational across all Crown Courts in England and Wales as of 16 June 2025. The platform, which enables viewing of pre-recorded cross-examination evidence before criminal trials, requires defence and prosecution professionals to register for an account before accessing recordings. The service replaces previous third-party contracts for section 28 of the Youth and Criminal Justice Act pre-recorded evidence special measure and allows same-day booking of recordings.

Shenzhen Court of International Arbitration: Navigating Complex Challenges in Construction Project Appraisal

The Shenzhen Court of International Arbitration (SCIA) and the Permanent China Construction Engineering Law Forum will host a forum on July 5, 2025, in Kashgar, Xinjiang, focusing on complex issues in construction project appraisal. Organised with support from regional courts and legal associations, the event will cover regulatory interpretation, appraisal methodologies, and cross-examination techniques in construction disputes. Legal professionals can expect insights into evolving appraisal standards and procedural practices relevant to cross-border arbitration and infrastructure projects in China’s western regions.