Legal Guides

How to Settle a Case Outside of Court

Settling outside of court can happen in a couple of different ways:

• Settle early on with the insurance company directly
• Through an assessment process by the Personal Injuries Assessment Board;
• Settle at talks arranged prior to the hearing;
• Settle on the day scheduled for the hearing of the matter. This is without the need for you to ever enter a courtroom.

Nonetheless, the prospect of a day in court can often be a daunting one for someone who is not familiar with the process or someone who may never have been in the courts before.

Your solicitor will bring you through this. But part of it is also knowing who the relevant parties are. In addition, knowing what role they each play in the court’s system.  

The Judge

The judge hearing the case sits at the top of the courtroom. The judge is in charge of the running of the proceedings, keeping order in the courtroom and in a personal injury case. They will decide the outcome of the matter based on the evidence put before him or her.

The Registrar

The Registrar’s function is to call out each case in turn so that the relevant people can identify themselves to the court. For example, when a witness is called to the stand the registration hands the witness the bible and reads out the oath for the witness to repeat. The registrar also hands the judge court documents as needed. They take note of any court orders made and after a day in court drafts the orders. Basically, their function is to ensure the smooth running of the court. The registrar sits in front of the judge.

The Tipstaff

A judge has another assistant known as their tipstaff. This person announces the entry and exit of the judge to and from the courtroom. The tipstaff acts not only as a personal assistant but also aids in the running of the courts by communicating with other tipstaffs. In addition, they keep the judge and registrar informed of the management of the court lists.

Your Personal Injury Solicitor

Your own legal team will be made up of a solicitor and a barrister or barristers. The first half your legal team is your solicitor. Your solicitor sits on the first bench in front of the registrar facing the body of the court. This is in the same direction as the judge and registrar. The other side’s solicitor will sit at the opposite end of the same bench to your solicitor.

The Barrister

The barrister is the other half of your legal team. The barrister’s role is to represent you in court, speak on your behalf and argue your case before a judge. In situations where a case is settled outside of court, it is the barrister who negotiated the settlement of your case on your legal team and the other side’s barrister sit in the two benches directly facing their side’s respective solicitors. Senior Counsel (if the matter is listed for hearing in the High Court) sit on the first bench and Junior Counsel sits behind them.

Witnesses

Witnesses are people who have been called to give evidence in court. When a witness is called, they will sit next to the registrar, having first been sworn into evidence by the registrar. A witness will be asked questions by the barristers, and sometimes by the judge. The witness will face sideways so that he or she can hear and answer questions.

There is audio recording of all matters in the courts. However, if a transcript of the proceedings is required, it is open to either the plaintiff or the defendant to engage a stenographer. A stenographer keeps note of the proceedings. This is usually in case the matter is likely to be appealed. If such a person is required, they will usually sit to the left or right of the registrar. This is the opposite side to the witness box.

The remainder of the rows may be filled with witnesses, interested parties, family and friends who attend with you for support.

Are Court Hearings Open To The Public?

With the exception of some types of matters, cases are heard in public. This means that the public is allowed to sit in the court while the matter is being heard. It also means that members of the press are entitled to also sit in and report the evidence in the media.

On the morning of your hearing, arrive early and go into a courtroom to see the layout. If you are waiting around for your case to be heard, you can sit in the body of another court and listen to the various parties so you can see how your case might play out.