Closing submissions in UK trials explained

Closing submissions are your chance to tie up the evidence and persuade the judge or jury why your side should win. This guide explains what they are, when they happen, how they are structured, and how you can deliver them if you represent yourself in court.

The short version

At the end of a trial, each side gets to summarise the evidence and explain why the law favours them. In civil cases, the claimant speaks first, then the defendant, then the claimant can reply. In criminal cases, the prosecution goes first and then the defence. Each closing typically lasts between 10 and 20 minutes in small claims courts, but can be much longer in higher courts. You do not introduce new evidence; you remind the judge or jury of what has already been said.

At a glance

What closing submissions are

Closing submissions are a structured speech at the end of a trial. You have already heard evidence from witnesses and seen documents. Now each side gets to explain what that evidence means, how it fits with the law, and why their client should win.

A closing submission is not an argument with the other side. It is not a chance to complain about how the trial went. It is a focused, logical presentation aimed at one person: the judge (in civil cases and criminal trials without a jury) or the jury (in criminal trials with a jury).

The aim is to connect three things:

1. What the evidence actually shows (facts the judge or jury has heard)
2. What the law says you must prove (the legal test)
3. Why your client meets that test and the other side does not

When closing submissions happen

Closing submissions occur after all evidence has been given. Once the last witness has been cross-examined and all documents have been put before the court, the judge will invite closing submissions.

In a trial that lasts one day, closing submissions usually happen at the end of that day. In longer trials, they may happen over one or more separate days after the evidence has finished.

After closing submissions, the judge (or judge and jury) retires to decide the case. In criminal trials, the judge gives the jury written instructions called a summing-up before they leave.

Civil closing submissions

In civil trials, the order is: claimant first, defendant second, then claimant reply.

Claimant closing

The claimant (the party bringing the claim) speaks first. This is an advantage because you set the frame. You get to say what you think the important facts are and how the law applies. The claimant's closing typically covers:

• A brief summary of what the case is about
• The legal test the claimant must meet (such as, on the balance of probabilities)
• Key facts from the evidence that support the claimant's case
• Why the claimant's witnesses are credible and the defendant's are not
• How the law, applied to those facts, means the claimant wins
• A direct answer to the defendant's likely arguments

Defendant closing

The defendant (or defendant's lawyer) then speaks. They have the chance to challenge the claimant's account and put their own case. The defendant's closing typically:

• Challenges the claimant's version of events
• Emphasises evidence that supports the defendant's version
• Points out weaknesses or inconsistencies in the claimant's case
• Explains why the claimant has not met the legal test
• Summarises the defendant's own positive case

Claimant reply

After the defendant's closing, the claimant gets a final chance to reply. However, this reply is limited: you can only respond to new points raised by the defendant. You cannot simply repeat what you already said or introduce entirely new arguments that could have been made in your first closing.

The claimant reply is often brief, typically 5-10 minutes, but it can be crucial because you have the last word.

Criminal closing submissions

In criminal trials, the prosecution closes first and the defence closes second. The defence never gets a reply.

Prosecution closing

The Crown (prosecution) goes first. They summarise the evidence and explain why it proves guilt beyond reasonable doubt. They highlight key prosecution witnesses and attack the credibility of the defence case. The prosecution closing will typically:

• Set out the legal elements of each charge
• Explain what the Crown must prove
• Summarise the evidence that proves each element
• Address any defence evidence or alibi
• Explain why the jury should reject the defendant's account
• Ask the jury to convict

Defence closing

The defence then speaks. Because the prosecution has already closed, the defence knows exactly what arguments they must answer. The defence closing will typically:

• Remind the jury of the burden of proof (beyond reasonable doubt)
• Point out weaknesses in the prosecution evidence
• Highlight inconsistencies in the prosecution case
• Explain the defence case (if the defendant has given evidence)
• Challenge the credibility of prosecution witnesses
• Ask the jury to acquit

The defence has no right to reply to the prosecution. Once the defence closing is finished, the judge sums up the law to the jury, and the jury retires to consider their verdict.

Structure of a closing submission

Whether you are in civil or criminal court, a strong closing follows this structure:

Opening (1-2 minutes)

State clearly who you represent and what your client is asking the court to decide. Example: "Your Honour, I represent the defendant in this claim for breach of contract. The defendant asks you to find that the claimant has not proved the contract existed on the terms alleged."

Summary of evidence (5-10 minutes)

Go through the key facts that support your case. Do not simply list everything that was said. Instead, pick the evidence that matters most. For each key fact, remind the court where it came from: witness evidence, a document, admissions. Example: "Ms Jones accepted in cross-examination that she received the invoice on 15 March. That is consistent with the email from Mr Smith dated 14 March, which is in the bundle at tab 4."

Law applied to facts (5-10 minutes)

Explain what the law says and apply it to the evidence. Do not just quote the law. Instead, take a legal element and show, step by step, how the evidence meets it. Example: "The claimant must show they suffered loss. The medical report, which is unchallenged, shows that the claimant needed treatment costing four thousand pounds. That is plainly loss."

Answer to the other side (2-5 minutes)

Anticipate the arguments the other side will make and explain why they fail. Do not wait for them to speak; address their likely points yourself. Example: "The defendant will argue that the phone call never happened. But the defendant gave no evidence on this point. There is no suggestion that my client has lied, and the defendant has no credible alternative account."

Closing argument (1-2 minutes)

End with a clear, direct statement of why your client should win. Example: "For all these reasons, the defendant has failed to prove their case. The claimant should succeed on liability and damages."

Length of closing submissions

The length of closing submissions varies by court and complexity.

In small claims court, closings are usually limited to 15 to 20 minutes per side. The judge will often have limited time and will expect you to be concise.

In fast track cases (claims between £10,000 and £25,000), closings might be 30 to 45 minutes per side.

In multi-track cases (claims over £25,000), closings can be several hours per side. Complex commercial cases in the High Court may have closing submissions that last days.

In criminal trials in the Crown Court, the prosecution closing can be one to two hours or more. The defence closing is usually similar length.

In magistrates' courts, closings are much shorter, typically 10 to 20 minutes per side.

Always check the trial timetable or ask the judge whether there is a time limit for your closing.

Written closing submissions

In some cases, especially longer commercial cases and fast-track cases, the court will ask for written closing submissions. These are sometimes called skeleton arguments.

A written closing submission is a short document, usually 10 to 20 pages, that sets out your case in writing. You can still give an oral closing, but the judge will have read your written version beforehand. This means you can focus your oral closing on the most important points and the areas where you expect the judge to be most interested.

Written closings are common in:

• Fast-track civil cases
• Complex multi-track cases
• Commercial disputes
• Administrative law cases

Written closings are rare in criminal trials and small claims cases.

If the court asks for a written closing, ask for guidance on:

• How many pages you are allowed
• When the deadline is
• Whether you should still give an oral closing and for how long
• What format the judge prefers (headings, numbering, paragraph numbering)

How to deliver closing submissions as a litigant in person

If you are representing yourself, you will deliver your closing orally, standing up in court. Here are practical tips:

Preparation

• Write down your key points beforehand. Do not memorise the whole closing, but have notes you can refer to.
• Read your notes aloud at home several times to check how long they take and whether they make sense.
• Identify the three to five most important points you need to make. If you forget anything else, at least you have made these.
• Have a copy of your notes and the key documents (bundles, witness statements, exhibits) with you in court.

Delivery

• Stand up and speak clearly. Make eye contact with the judge.
• Speak at a normal pace. Judges need to take notes, and you want them to understand you.
• Use simple language. Avoid jargon unless the judge has used it.
• Refer to the evidence by reference: "The email at tab 4", "Ms Jones's evidence at page 23", "The medical report".
• Be respectful. Address the judge as "Your Honour" or "Judge" (depending on which court you are in).
• If the judge interrupts you to ask a question, stop and answer it. Do not ignore the question and carry on.

Body language

• Stand still. Do not pace or fidget.
• Keep your hands out of your pockets.
• Do not point at the other side or speak in an aggressive tone.
• If you become emotional, pause and take a breath.

Notes and reading

• Do not read your closing word-for-word from a script. The judge needs to see that you are engaging with the case, not just reciting something.
• If English is not your first language, it is acceptable to refer to written notes more frequently. Tell the judge at the start: "I have prepared some notes because English is not my first language."
• Spend most of your time looking at the judge, not at your notes.

What NOT to do in closing submissions

Do not introduce new evidence

You cannot say "And I now have a letter that shows..." or "The claimant's sister was in the room and will tell you..." The time for evidence has passed. Closing submissions are about the evidence that is already before the court.

If you forget to adduce important evidence, the case is lost. Do not try to sneak it in during closing.

Do not attack the judge

Never suggest that the judge is biased, corrupt, or stupid. If you genuinely believe the judge has made a procedural error, raise it respectfully: "I respectfully submit that the judge may have misunderstood the chronology."

Do not repeat your opening

Your opening speech (given at the start of the trial) set out your case. Your closing should focus on what the evidence actually showed and how it applies to the law. Do not simply repeat what you said before the trial began.

Do not talk about the other side's character (in civil cases)

In civil cases, the issue is whether the claimant has proved their case on the facts and law. It is not about whether the claimant is a good or bad person. Do not say "The defendant is clearly a dishonest person who lies all the time." Instead say "The defendant's account is inconsistent with the documentary evidence."

In criminal cases, you can challenge the defendant's credibility if they have given evidence, but do so by pointing to inconsistencies, not by name-calling.

Do not make the judge work

Do not assume the judge remembers every detail of the evidence. Remind them of key facts and where they appear in the trial bundle.

Example: Closing submission in a small claims contract dispute

Imagine you are the defendant in a small claims case about an unpaid invoice. The claimant is saying you owe them three thousand pounds for building work. You are saying the work was defective and you are entitled to withhold payment.

Here is how your closing might be structured:

"Your Honour, I represent the defendant in this case. The claimant is claiming three thousand pounds for building work. The defendant does not deny that work was done, but the defendant says the work was defective and therefore the defendant is not liable to pay the full sum.

The key facts are these. First, the claimant's own inspector, Mr Ahmed, accepted in cross-examination that the brickwork on the eastern wall does not meet the standards set out in the contract. The contract, which is in the bundle at tab 2, requires all brickwork to be built to the current British Standard 3921. Mr Ahmed confirmed this. Second, the claimant did not dispute the cost of remedial work: two thousand pounds to rectify the brickwork. That figure is from the quotation provided by Acme Builders, which the claimant did not challenge.

Under the Sale of Goods Act 1979, goods and services must be of satisfactory quality. Where services are not of satisfactory quality, the customer is entitled to compensation. The caselaw is clear: the compensation is the cost of remedial work.

The claimant will argue that the defendant should have given the claimant a chance to put the work right before withholding payment. But the claimant has not provided evidence that the claimant ever offered to put the work right. The defendant asked, and the claimant refused.

For all these reasons, the defendant's case is that the claimant is not entitled to the full three thousand pounds. The defendant is entitled to set off the cost of remedial work against the invoice. Therefore, the claimant is owed nothing.

Your Honour, the defendant asks you to dismiss the claim."

Day-to-day preparation timeline

If you know in advance when closing submissions will take place, use this timeline to prepare:

Four weeks before: Identify the themes of your case. Write down the three to five most important points you need to make.

Two weeks before: Read through all the evidence again. Make a list of the key facts that support your case and note where they appear in the trial bundle.

One week before: Draft your closing submission in full. Read it aloud to yourself to check timing and clarity.

Three days before: Revise your draft. Cut anything that is not essential. Tighten the language.

Two days before: Make one final check. Ensure all references to the evidence are accurate and cite the page numbers correctly.

One day before: Print out your notes and the key documents. Familiarise yourself with the trial bundle and where key evidence is located.

Day of trial: Arrive early, run through your notes once more, and take some slow breaths before you stand up to speak.

Common misconceptions

Misconception: "I need to respond to everything the other side said."

False. You should focus on the issues that matter most. It is better to make three points very clearly than to make fifteen points weakly.

Misconception: "The judge will remember everything from the trial without me reminding them."

False. In longer trials, the judge may have heard evidence from many witnesses over many days. Remind them of key facts and where they appear in the evidence.

Misconception: "I should speak for as long as possible to show how much work I have done."

False. Brevity and clarity are valued in closing submissions. A short, punchy closing is often more effective than a long one.

Misconception: "I can introduce new documents during closing if I just reference them."

False. All documents must be admitted into evidence before the trial ends. You cannot introduce new documents during closing.

Misconception: "The judge will be on my side if I am sympathetic."

False. The judge's job is to apply the law to the facts. Emotion matters less than evidence. Focus on what you can prove.

Misconception: "My closing can be much longer if the other side's closing was very long."

False. The judge will allocate a time limit. Stick to it. If you run over, the judge may cut you off or instruct you to wrap up.

Related concepts

• Evidence in trial: What is admissible, when it is introduced, and how weight is assigned
• Burden and standard of proof: On the balance of probabilities (civil); beyond reasonable doubt (criminal)
• Witness credibility: How judges assess whether a witness is telling the truth
• Cross-examination: How to test the evidence of the other side's witnesses
• Judgment and sentencing: What happens after the trial concludes
• Appeals: When you can challenge a court decision
• Skeleton arguments: Written summaries of your case, often used in higher courts
• Trial timetable: The schedule the judge sets for evidence and closing
• Jury instructions: How the judge explains the law to the jury in criminal trials

Sources

• Ministry of Justice (2023). Civil Procedure Rules. www.justice.gov.uk
• Courts and Tribunals Judiciary (2024). Judge's Checklist and Guidance: Trial. www.judiciary.uk
• HM Courts and Tribunals Service (2024). What to expect in civil court. www.gov.uk

Written by Peter Kolomiets, founder of CaseCalm. UK content reviewed 2026-05-28.