What Happens If a Public Liability Claim Goes to Trial?

Public liability claims are brought by people injured or harmed because of another's negligence in a public place or on someone else's property. In England and Wales most public liability claims resolve through negotiation and settlement, often before any court proceedings are issued. However, if the parties cannot agree on liability (who is at fault) or on the amount of compensation, the claim may proceed to a trial in the civil courts. This article explains what happens when a public liability claim goes to trial, the legal process involved, and what parties can expect from the courtroom stage.

How Rare Is a Trial in Public Liability Claims?

Although issuing court proceedings is not uncommon, reaching a trial hearing is rare. Civil justice data and legal practice consistently show that:

• Only about 2 – 5 % of personal injury and public liability claims ever reach a court trial.
• The vast majority of claims settle during negotiations, even after proceedings are issued.

This means that while a trial is a formal possibility, for most claimants it does not become the final stage of the legal process.

Why a Claim Might Go to Trial

A public liability claim typically only goes to trial when:

1. Liability is disputed: The defendant denies responsibility for the accident or injury and the parties cannot resolve this through negotiation.
2. Compensation is contested: Even if liability is accepted, the defendant may refuse to pay the level of damages the claimant seeks.
3. Negotiations fail: Settlement talks do not achieve agreement and the claimant decides litigation is necessary to resolve the dispute.

Importantly, issuing court proceedings does not guarantee a trial will occur. Negotiation and settlement can continue right up to, and even during, the trial hearing date.

Pre‑Trial Procedures After Court Proceedings Are Issued

Once court proceedings are issued and the defendant files a Defence, the litigation enters a structured timetable under the Civil Procedure Rules.

Allocation and Track System

The court allocates the case to a track based on value and complexity:

• Small Claims Track: For simpler, lower‑value disputes.
• Fast Track: For moderately valued claims where evidence and issues are relatively straightforward.
• Multi‑Track: For more complex or higher‑value claims requiring detailed evidence and longer hearings.

This allocation shapes how the case is case managed, including timetables for evidence exchange and hearings.

Disclosure, Witness Statements, Expert Evidence

Both parties must prepare and exchange:

• Disclosure of documents relevant to the case.
• Witness statements from people with first‑hand knowledge.
• Expert reports where specialised evidence is needed (e.g. medical or technical).

These procedural steps allow both sides to understand the evidence and prepare for trial.

The Trial Hearing

At trial, the case is decided by a judge in a civil court (County Court or High Court, depending on value and complexity). A public liability trial generally follows these stages:

1. Opening Submissions

Each party's legal representative explains to the judge what the case is about, what issues are in dispute, and what each side will prove.

2. Evidence and Witness Testimony

Witnesses, including the claimant, may give oral evidence and may be questioned (cross‑examined) by the other side's lawyer. Documentary and expert evidence is presented under the judge's direction.

3. Legal Arguments

Each side's legal team makes submissions based on the evidence and applicable legal principles, including negligence, breach of duty, causation and appropriate compensation.

4. Judgment

After hearing all evidence and submissions, the judge makes a final decision on:

• Whether the defendant was negligent and therefore liable;
• What, if any, compensation is payable to the claimant;
• Who pays costs and in what proportion.

There is no jury in public liability trials; the judge alone decides the outcome.

Attendance at Trial

Whether the claimant needs to attend in person depends on circumstances:

• For straightforward fast‑track cases, a claimant's solicitor or barrister may represent them without the claimant being required to attend.
• In more complex or multi‑track trials, the claimant may be asked to attend and give evidence.

Remote hearings via video conferencing have become more common, depending on court arrangements and judicial discretion.

Costs and Risks at Trial

Trials typically involve:

• Higher costs: Litigation is more expensive than settlement, and parties may be liable for the other side's costs if they lose and costs follow the event.
• Longer timelines: Preparation for trial can add months or even over a year to the overall claim process.

Even after trial starts, cost considerations and uncertainty about the judge's decision can influence both sides to negotiate a late settlement.

Possible Outcomes of a Trial

At the end of a trial, the judge may:

• Find in favour of the claimant: Award compensation for injury, loss or damage.
• Find in favour of the defendant: Dismiss the claim and award no compensation.
• Order partial relief: Decide on some issues for the claimant but reduce the compensation due to contributory negligence or other legal principles.

The judgment is legally binding. Either party may have limited rights to appeal a decision on procedural grounds or point of law.

Practical Considerations

Even after a claim goes to trial, settlement discussions can continue. Both parties may reach a compromise up to the day of the hearing. Practical preparation, clear evidence and early expert reports enhance the legitimacy of a claim and may influence negotiations or the judge's view at trial.

Key Takeaways

If a public liability claim in England and Wales goes to trial:

• Only a small proportion of claims ever reach this stage.
• The trial process is structured by the Civil Procedure Rules, including allocation to a track and rigorous evidence preparation.
• Trials involve presenting evidence and legal arguments before a judge who decides liability and compensation.
• Attendance at trial depends on case complexity; cost and timing considerations remain significant.
• Even at trial stage, settlement remains possible.

A trial should be seen as the final resolution mechanism when negotiation fails and substantive issues remain in dispute.