Jurisdiction(s):
United Kingdom

How Civil Judges Decide Cases in England and Wales: Role, Evidence and Memory Assessment, Burden and Standard of Proof, Missing Evidence, Reasons and Appeals

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note sets out the principal considerations that inform civil judges when determining the disputes before them, addressing their function, their handling of evidence, and how they explain the reasons for their rulings. HHJ Paul Matthews has emphasised these themes in several judgments, notably Morgan v Morgan (considered below) and Car-Wizard v Vixen Surface Treatments. For broader guidance on courts and the legal profession, see Court and the legal profession—overview. For a standard schedule of civil litigation, consult Practice Note: Typical timeline—civil proceedings.

The role of the civil judge

In civil proceedings in England and Wales, judges decide disputes on the basis of the material and submissions the parties place before the court. They are akin to referees or umpires in litigation. Judges do not search for evidence or act as investigators. Instead, each party must:

locate and present to the court the admissible evidence and other material on which it intends to rely; and
shape and advance its legal submissions so as to persuade the judge...

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Web page updated on 21/05/2026

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