Guidance

HMCTS who's who: civil and family court

An explanation of the people who may be present in a civil or family court hearing.

The claimant or applicant

The claimant or applicant is the person who is bringing the claim or application to court. They may have an opportunity to give evidence. They may also be able to ask the defendant or respondent questions while they’re in the witness box.

The defendant or respondent

The defendant or respondent is the person who is being claimed against or responding to the application. They and their witnesses may have an opportunity to give evidence. They may also be able to ask the claimant or applicant questions while they’re in the witness box.

The witness

The witnesses give evidence and answer questions from the witness box.

The barrister or solicitor

A lawyer, usually a solicitor or barrister, may be there to represent the:

  • claimant/applicant
  • defendant/respondent

The judge

The case will be heard by a district judge, deputy district judge, circuit judge, high court judge or a recorder. Family cases can also be heard by magistrates or single legal adviser. The judge oversees the hearing and makes sure all those involved have their case represented fairly. The judge then decides the outcome of the case. Sometimes the judge may hear the case in a room that looks less formal than a court room, called the Judge’s Chambers. In this room, parties may sit around a table during the hearing.

The court clerk/usher

The court clerk sits in front of the judge’s bench and helps the judge make sure the case runs smoothly. They keep a record of the hearing including a note of people that are attending. Not all hearings will have a court clerk present. The usher will show people where to sit in the court room and help the witnesses take the oath or affirm. To affirm means to promise the evidence being given is true.

The press/media

The media can attend most court hearings by law. This includes those with reporting restrictions in place. A key part of open justice is the reporting of hearings by the media.

The public

Civil hearings are usually open to the public. People may sit quietly and listen at the back of the court. Most family cases, and all those involving children, are heard in private.

Please note this is a representation only – the people in the room may be different. Not all courts look exactly alike.

Published 24 June 2020