Witness Statement

[wealthy]

Hi Guys

 

I've been scouring the forum for knowledge and to be abreast of my cases, but I haven't found the answer to my questions which are:

 

1) After compiling a witness statement and referring to the various documents as exhibits in it, upon exchange do you have to attach these documents to your witness statement when sending it?

 

2) If the directions don't say file but state that each party shall serve on every other party the witness statements. There shall be simultaneously exchanged by time and date, do you have to send a copy to the courts as well and at the time and date stated?

 

Thanks

 

Wealthy

[bennyowen]

wealthy,

 

To be on a safer side, as well as the witness statement, supply the documents you referenced in your witness statement to the other party and the court.

 

Keep to the timing of the court when sending witness statement and documents referenced.

[FANTASY CHARGES]

PART 32 - EVIDENCE

 

Form of witness statement

 

32.8

 

A witness statement must comply with the requirements set out in the relevant practice direction.

(Part 22 requires a witness statement to be verified by a statement of truth)

[wealthy]

Thanks Guys for your replies, much appreciated.

[wealthy]

Can anyone explain this to me please and tell me what my options would be.

 

I have a ongoing claim with MBNA and have got to exchange of witness statements. The Sols sent a NOTICE OF DESIRE TO ADDUCE HEARSAY STATEMENT with their witness statement. It says

 

Take notice that at the trial of this action the Claimant desires to give in evidence the statement made in the following document, namely the witness statement of MBNA Muppet dated 14th day of November 2008 a copy of which is annexed hereto.

 

And further take notice that the particulars relating to the statement are as follows:

 

a) It was made by the said MBNA Muppet

 

b) The said MBNA Muppet may not be called to give evidence at the trial because the purpose of the Statement is to disclose documentary evidence and the Claimant wishes to keep attendance costs to a minimum.

 

Where do I stand in this as I shall not be able to cross examine. What options are open to me?

 

Also in the witness statement they state 'In signing the Agreement, the Defendant confirms acceptance of the terms and conditions (L'Estrange v Graucob, CA, 1934). Can anyone shed light on this please as I can't seem to find clear details of the case stated?

 

Thanks

Wealthy

Edited November 19, 2008 by wealthy
to make sense

[bennyowen]

wealthy,

First, remember that you are not under any legal obligation to enter any agreement with the Sols at this stage. You will only be bound by the agreement if you agree and sign their piece of paper called agreement.

Make sure you comply with the court requirement to submit a witness statement.

I will suggest that you do not sign the agreement. If you wish to reply, simply state in your reply that you wish to abide by the court directions and that you do not wish to enter into any agreement at this stage.

This case law citation (L'Estrange v Graucob Ltd [1934] 2 KB 394) demonstrates that one cannot evade being bound by the terms of a contract, even an exclusion clause on the basis that one did not read or understand the terms.

However, there is a provision within the case law that misrepresentation or fraud can exempt the other party from relying on the case law provision.

[FANTASY CHARGES]

Power to call witness for cross-examination on hearsay evidence

 

 

33.4

(1) Where a party –

(a) proposes to rely on hearsay evidence; and

(b) does not propose to call the person who made the original statement to give oral evidence,

the court may, on the application of any other party, permit that party to call the maker of the statement to be cross-examined on the contents of the statement.

(2) An application for permission to cross-examine under this rule must be made not more than 14 days after the day on which a notice of intention to rely on the hearsay evidence was served on the applicant.

 

See this link

 

think you need to ask pt2537

 

 

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part33.htm#IDAXBA1B

Edited November 19, 2008 by FANTASY CHARGES
edited

[wealthy]

Hi Guys

 

Thanks for the info.

bennyowen would you please let me have the link for where you found the case law as I just can't seem to come up with anything when I put the details in the url. I'll have to use the library computers mine's on the blink!

 

Anyone have any idea of which form I need to fill in to apply for permission to cross-examine.

 

33.1

In this Part –

(a) ‘hearsay’ means a statement made, otherwise than by a person while giving oral evidence in proceedings, which is tendered as evidence of the matters stated; and

 

(b) references to hearsay include hearsay of whatever degree

Am having trouble with fully understanding the full implications of hearsay, would anyone please educate me on this.

 

Thanks guys for your help