4.4 The defence and closing speeches.

Thereafter counsel for the defendant may make an opening speech in principle, although this will be subject to the judge's discretion. It is more likely that the judge will have invited defence counsel to amplify his skeleton argument immediately after the claimant's opening speech. He will then call his client and witnesses, and they will be cross-examined on behalf of every other party and re-examined as appropriate. There follows a closing speech by the advocate for the defendant and then a closing speech by the advocate for the claimant. If the defendant has called no evidence, however, the order of closing speeches is reversed.

4.5 Parties added under the Part 20 procedure.

If there is a 'third party', that is, another party joined by the present defendant under the Part 20 procedure, the trial will usually be between all the parties in the interests of economy and consistency. The 'third party' may take such part as the judge decides to allow and will usually be allowed to cross-examine the claimant and his witnesses as well as introducing his own evidence relevant to the claimant's claim against the defendant. If he defeats the claimant's claim against the defendant, there can be no further issue (about that matter anyway) between the defendant and him. The trial may still continue between defendant and 'third party' about any other matter for which the defendant is claiming against the 'third party'. How the trial will be conducted in these cases depends very much on the issues and the trial judge's view of what will be convenient. It may be convenient, for example, for the judge to deal entirely with the claimant's case against the defendant and rule on it before going on to hear, virtually separately, the proceedings between the defendant and 'third party'. Unless the claimant has amended his case to join in the 'third party' as an additional defendant a claimant will of course have no interest in this.

4.6. Judgment

Even in cases of considerable complexity, judgment is usually given on the final day of the trial. Occasionally, it may be reserved to some future date. The judgment in full will consist of a review of the facts and evidence, together with the judge's specific findings in relation to the matters in issue. If rulings on points of law are required it is more likely to be the case that judgment will be reserved. The judge will review the authorities, give his decision and his reasoning and indicate the amount of his award or the terms of any other remedy granted.

The solicitor should take as full a note as possible of the evidence during the case so that he may assist counsel there and then should any matter arise, e.g., the need to know precisely what was said by a witness who testified earlier in the day. Likewise, both counsel and solicitors should take as full a note as possible of the judgment (in case of an appeal), because even though recording equipment is in use it has been known to fail. When an appeal is being considered a transcript will usually not be available in time and so the notes of what was said in the judgment are essential. If a transcript is not available before the Court of Appeal, the advocates' note of judgment, which should be agreed between the parties and approved by the judge, will be required by the Court of Appeal. If there are inadequate notes the party concerned is liable to be severely criticised.