Q&As

A trial has been listed for a four-day hearing. The claimant has three witnesses and the defendant has five. One of the claimant's witnesses is unable to attend the first two days of the hearing. Is an application to court for an order to change the usual timetable of the claimant's witnesses appearing first, then the defendant's witnesses, or can this be agreed between the parties, so that the witness who is unable to attend the first two days can appear on the third day?

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Produced in partnership with Daniel Laking of 39 Essex Chambers
Published on: 09 September 2020
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In considering this question, the first place to look will be the cpr. These give some guidance regarding trial timetables generally, see CPR 39.4 which states that:

‘When the court sets a timetable for a trial in accordance with rule 28.6 (fixing or confirming the trial date and giving directions—fast track) or rule 29.8 (setting a trial timetable and confirming the trial date or week—multi-track) it will do so in consultation with the parties.’

CPR 39.4 provides some general guidance that, when the court sets a timetable for trial before

Daniel Laking
Daniel Laking

Daniel is a junior barrister specialising in civil claims, particularly Personal Injury and Insurance Fraud. He is frequently instructed in trials encompassing issues such as causation and low-velocity impact. He is also well-versed in the nuances surrounding litigation of civil claims, and is often called upon to provide advice and representation in detailed insurance law and procedural applications for both claimants and defendants. He has a detailed knowledge of costs law and its relation to personal injury matters, both in respect of the Fixed Costs regimes in CPR Part 45 and the subtleties of QOCS.

Daniel's paperwork practice encompasses pleadings and advices in a range of niche and unusual points relating to personal injuries law such as limitation, service and varying tortious claims. He is instructed in claims arising out of negligence by drivers, employers and occupiers, as well as broader property damage claims and claims against untraced defendants.

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Jurisdiction(s):
United Kingdom
Key definition:
Defendant definition
What does Defendant mean?

A person against whom a claim is brought.

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