Written by A civil hearing is easier to manage when you understand its purpose before you walk into court. For litigants in person, the strongest preparation is practical: know what type of hearing it is, organise the documents, identify the issues, prepare what you need to say, and remain focused on the evidence rather than the stress of the process.
Publication snapshot
- This guide explains the main types of civil hearings a litigant in person may face in England and Wales.
- It focuses on preparation, courtroom conduct, remote hearings, support options, costs and practical risk management.
- It is designed for general civil claims and should be checked against the specific court order, track and hearing notice.
Why preparation matters in civil hearings
Litigants in person often face civil hearings without the benefit of a solicitor or barrister to manage procedure, organise papers, identify the issues and speak on their behalf. That can make the process intimidating, particularly where the other side is represented.
Preparation cannot remove every disadvantage. It can, however, reduce avoidable mistakes. A litigant who understands the purpose of the hearing, has the documents in order, knows the key facts, and can explain the remedy sought is in a stronger position than one who arrives with a general grievance and an unstructured bundle.
The key distinction
A court hearing is not a conversation about everything that feels unfair. It is a structured process in which the judge decides specific issues using evidence, procedure and the applicable law.
Common types of civil hearing
The first practical task is to identify what kind of hearing you are attending. A final hearing requires different preparation from a case-management hearing or an application hearing. The hearing notice, order or directions should usually tell you the purpose.
Directions hearing
A hearing at which the court decides what steps are needed to prepare the case, including deadlines for evidence, documents, witness statements or other procedural steps.
Case management conference
A case-management hearing, often used in more complex claims, where the court controls the timetable, identifies issues and gives directions.
Small-claims preliminary hearing
In small claims, the court may hold a preliminary hearing where special directions are needed, where attendance is needed to ensure a party understands what must be done, or where the case may be disposed of early.
Application hearing
A hearing to deal with a specific interim application, such as an application for directions, relief from sanctions, strike out, summary judgment, an injunction or another procedural order.
Final hearing or trial
The hearing at which the judge hears evidence and argument before deciding the claim or the relevant issue.
Remote hearing
A hearing conducted by video or telephone. Remote format does not reduce the need for preparation, document control and proper conduct.
Small-claims hearings are generally more informal than fast track, intermediate track or multi-track trials. That does not mean they are casual. The judge may adopt a fair method of proceeding, limit cross-examination and give reasons for the decision.
Preparing for the hearing
Preparation should begin with the court order and hearing notice. Do not assume what the hearing is about. Read the documents and identify the precise issues the judge is likely to decide.
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1Read the order and hearing notice.
Identify the date, time, format, court, judge if stated, purpose of hearing, and any deadline for filing documents.
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2Identify the decision needed.
Ask yourself what the judge is being asked to decide and what order you want the court to make.
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3Organise the evidence.
Prepare a clean bundle or working file with pleadings, orders, key correspondence, witness statements, photographs, contracts, invoices and other relevant documents.
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4Prepare a short speaking note.
Write a one-page outline of the points you need to make, with document page references where possible.
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5Plan questions if witnesses are involved.
Prepare short, focused questions linked to disputed facts. Avoid speeches disguised as questions.
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6Check practical arrangements.
Confirm travel, security time, hearing platform, device, internet connection, documents and contact details for the court.
Practical preparation tip
Prepare three short documents for yourself: a chronology, an issue list and a speaking note. These do not need to be elaborate. They need to help you stay structured under pressure.
Navigating courtroom procedure
Courtroom procedure varies by court, judge, track and type of hearing. In a final hearing, the claimant will often present their case first, followed by the defendant. Witnesses may give evidence, be asked questions by the other side and be questioned by the judge.
In an application hearing, the party making the application will usually explain what order is sought and why. The respondent then answers. The judge may ask questions throughout and may move directly to the points that matter.
What to do
- Arrive early or log in early for a remote hearing.
- Speak slowly, clearly and respectfully.
- Use page numbers when referring to documents.
- Answer the judge’s question directly before adding context.
- Ask for clarification if you do not understand a question or direction.
- Take notes of orders, deadlines and reasons given.
What to avoid
- Do not interrupt the judge or the other party.
- Do not argue with witnesses instead of asking questions.
- Do not rely on documents the court and other side have not seen.
- Do not make serious allegations without evidence.
- Do not assume the judge knows the background unless it is in the papers.
- Do not ignore costs, enforcement or settlement consequences.
Forms of address can vary. If unsure, ask the usher or court staff before the hearing, or address the judge respectfully and follow any correction given. The priority is not ceremonial perfection; it is clear, respectful and orderly participation.
Remote hearings and technology
Remote hearings are now a normal part of civil justice. They can reduce travel and cost, but they create their own risks: poor connection, difficulty finding documents, speaking over others, and uncertainty about what the judge has in front of them.
A litigant in person should test the video platform, microphone, camera, internet connection and documents before the hearing. If the hearing uses an electronic bundle, keep a separate copy open and know how to move quickly to the right page.
Remote-hearing checklist
- Use a quiet room and neutral background.
- Charge your device and keep a charger nearby.
- Test the link before the hearing day if possible.
- Keep your bundle, chronology and speaking note open.
- Mute yourself when not speaking unless told otherwise.
- Tell the court immediately if you lose connection or cannot hear.
Support options for litigants in person
A litigant in person may be able to obtain practical support even where full representation is not available. The type of help depends on the case, location, urgency and eligibility.
Support Through Court
Provides practical and emotional support for people facing court without a lawyer. It does not provide legal advice, but can help with understanding the process, organising papers and attending court.
McKenzie Friends
A McKenzie Friend may provide moral support, take notes, help with papers and quietly advise. They do not have an automatic right to speak for you or conduct litigation.
Citizens Advice
May provide general advice and signposting, depending on the issue and local availability.
Pro bono schemes
Organisations such as Advocate, LawWorks and the Free Representation Unit may assist in some cases, subject to eligibility, case type and availability.
Court staff can usually assist with procedural information, such as forms, listings and administrative steps. They cannot give legal advice about what arguments to make or whether a case is likely to succeed.
Pre-action conduct and settlement
Many civil disputes should not begin with a court claim. The court will usually expect parties to have exchanged information, set out their positions, considered settlement and followed any relevant pre-action protocol or the Practice Direction on Pre-Action Conduct.
That matters at hearings because pre-action conduct can affect directions, costs and the judge’s view of how the parties have approached the dispute. A litigant in person should keep copies of letters of claim, responses, settlement offers, mediation invitations and attempts to narrow the issues.
Settlement is not weakness
Settlement can save time, cost and risk. It should be considered throughout the case, but settlement terms should be checked carefully before agreement, especially where confidentiality, undertakings, costs, payment dates or release of claims are involved.
Costs, judgment and enforcement
Costs risk depends heavily on the track and the type of hearing. Small-claims costs are limited, although court fees, witness expenses, expert fees within limits and unreasonable-behaviour costs may still arise. Fast track, intermediate track and multi-track cases carry more significant costs risk.
If judgment is given in your favour, ask the court to clarify the amount, payment date, interest if relevant, and any costs order. If the other party does not pay, enforcement may be needed. Enforcement is a separate stage and may involve additional applications and fees.
Costs and outcome checklist
- Before the hearing: know what costs you may ask for and what costs risk you face.
- During the hearing: keep any costs request short and linked to the rules or order.
- After judgment: check the written order matches what the judge said.
- If payment is not made: consider enforcement options and whether the debtor has assets or income.
- If you lose: check the order, payment deadline, appeal position and any costs liability.
Final checklist before the hearing
In the days before the hearing, focus on control. A litigant in person does not need to sound like a barrister. They need to be prepared, accurate, calm and able to take the judge to the right document.
- Hearing purpose: do you know exactly what the hearing is for?
- Order sought: can you state what order you want the judge to make?
- Documents: are the key documents filed, served, paginated and easy to find?
- Chronology: have you prepared a short date order of events?
- Evidence: can you identify which documents prove each important point?
- Questions: have you prepared concise questions for any witness?
- Costs: do you understand what costs you may claim or risk paying?
- Technology: for remote hearings, have you tested the link, sound, camera and bundle?
- Support: have you arranged any permitted support, such as a McKenzie Friend or practical court support?
- Settlement: have you considered whether a sensible settlement remains possible?
The closing point
A civil hearing is stressful, but it is manageable with structure. Know the purpose of the hearing, prepare the documents, speak clearly, stay focused on the issues, and ask for clarification where needed.