No Original CCA - Solicitor Claiming Carey Case Means Don't Need It???

[Sagittarius]

If they don't have the original agreement what they have produced is Hearsay Evidence.

 

Hearsay Evidence is covered by the Civil Evidence Act 1985 (see s4.1) and is weighted on probability accordingly. The point will then be decided on a 'balance of probability.'

 

I would have thought you would want to cross examine the person giving any Witness statement about the agreement.

 

e.g. did they personal who gave the WS (Witness Statement) have knowledge of the document in question e.g. did they handle it ? Where were they working at the time the agreement was made ? (e.g. if it turns out they were still at school then it's game over), how many agreements a week do handle ? What was so special about your agreement that they should remember handling it after all this time ? If the agreement was destroyed is there a certificate of Destruction ? Who witnessed it's destruction ? Who witnessed the copying of the original document ? is there an audit trail for the document retention and managment since ?

 

There are international and BSI guidelines on best practice for electronic document and retention for legal admissibility in Court. Here's a link

See section 3 of the doc on that link.

Edited April 10, 2010 by Sagittarius

[Sagittarius]

See also point (e) here

 

Also these comments on cross examination by X20.

 

Also these important comments by X20 (Claimant must have served a notice under CPR 33.2 if they are going to rely upon Hearsay Evidence. You must also serve a notice under CPR 32.19 if you require them to proved copy docs in Court - otherwise you are deemed to admit authenticity)