![]() ![]() Necessary cookies are absolutely essential for the website to function properly. If a Claimant is explaining the impact of negligence on their life, it should be described in a way that a Judge could relate to, for example, the physical injury has affected the ability to do household tasks and the psychiatric injury affects the Claimant in various ways.įor more advice or information on the above, please contact Truth Legal Solicitors and we will be able to advise you on your next steps. The witness statement should be concise and factual and, importantly, avoid emotional language.A witness or Claimant must avoid making derogatory or negative remarks about the Defendant.Factual witnesses are separate to expert witnesses. It is not for the witness to deal with matters outside of their expertise.A witness should not comment on what another person was feeling/experiencing. A witness should stick to the facts and not speculate on what might have happened or why something went wrong.Commenting on others’ dealings/conversations which the witness was not privy to could cause difficulty as this is “hearsay” evidence and generally not permitted/helpful. A witness should only include information within their own knowledge and their own dealings.It should tell the story of what happened to them personally. It should be in their own words – not words that a lawyer would use. It is important that the witness feels completely comfortable with the content and the wording of their witness statement.A witness for the Defendant will usually be “cross-examined” by the Claimant’s legal team. A witness for the Claimant will usually be “cross-examined” on their statement by the Defendant’s legal team at the trial. Remember that a witness will be expected to remain consistent on that evidence (providing that they are always telling the truth) from the time of the statement up to and including the trial, unless in exceptional cases new information comes to light causing the witness to change their position. Imagine that the Judge will read the statement before a witness is required to give verbal evidence at the trial. The contents of the witness statement will be relied upon at trial.It is very important for any witness to check, and double check, the statement very carefully before it is signed. If it transpires that the information is not true then there could be serious consequences for the witness and it could affect the outcome of the Claimant’s claim. A witness will be asked to sign a statement of truth at the end of their witness statement. The information in a witness statement has to be true and accurate to the best of the witness’s knowledge and belief.Importantly, the statement must be relevant to the issues in the claim which directly affect the witness (not others). The purpose of the statement is not to argue the claim or to try and impress the Judge it is to set the scene and outline what has happened. The only purpose of a witness statement of any witness is set out their own version of the events and to set out how they see the “facts”.Here are 9 important pointers for any Claimant and/or witness in preparing their witness statement:. Well before the deadline for exchange a Claimant (and possibly their witnesses) will usually need to provide a statement to the Claimant’s solicitor. The Court or Tribunal set the timetable for this process. Usually the statements will be exchanged at the same time, normally after disclosure has taken place. Preparing a witness statement can seem like a challenge, however this article will break down everything you need to know.Īt a certain stage in an issued claim – for example, a personal injury, clinical negligence claim , professional negligence case, employment dispute etc – there will come a point where the Claimant and Defendant exchange witness statements. Professional Negligence in Employment Claims.Professional Negligence in Personal Injury Claims.Professional Negligence Claims Against Surveyors.Professional Negligence Claims Against Trade Unions.Reviewing and Drafting Employee Handbooks.Reasonable Adjustments for Disabled Workers.Employment Tribunal Claims and Representation.Breast Augmentation / Breast Surgery Claims.Sponsor Licence Compliance, Visits, Suspension and Revocation.Skilled Worker (Tier 2) Sponsor Licence.Professional Negligence by Immigration Advisors.EU Settlement Scheme, Brexit and Protecting Citizens’ Rights. ![]() Challenging Negative Home Office Decisions.
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