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This doesn't actually concern any of my claims but I have noticed a number of people asking whether the statement of evidence template in the new approach to allocation questionnaires thread is the same as or a replacement for the claimant's witness statement which I think was drafted by Karnevil.
If it is one and the same document then I think there are differences which may need addressing. The main one I can think of, off the top of my head, is that the witness statement gives a chronological sequence of events, ie 12 December, defendant's letter of offer, 13 December Claimant's reply to defendant's letter...., whereas the statement of evidence doesn't address this but outlines the legal basis behind the claim.
Should these two documents be amalgamated, or are they two different things?
As far as I'm aware, they're different documents, although they both more or less amount to simular I suppose. There are some orders which ask for one, and some that ask for the other.
I don't think that the chronological sequence of events is relevant to the statement of evidence, as the wording of the order which the draft directions originated from was this -
a statement of his evidence, if such is to be relied upon, as tending to show that the alledged charges have been made, or that they are irrecoverable as penalties or otherwise
I interperited that as basically saying "you alledge the charges are penalties, show us the evidence to back it up" and just compiled everything I could think of. Its quite specific to the issue of whether or not the charges are penalties.
The witness statement isn't so in depth on the evidence side, but gives a more general statement of the background and issues of the case so far.
Thats my interperitation anyway.
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Statement of Evidence & Witness Statements
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