Do I have to accept a witness statement without an address on it ? - **SUCCESSFUL OUTCOME**

[Tryinhard]

Hi, I am in court next week (Small Claims and am the Claimant).

In our court bundle we had a note to say witness statement to follow and the name of the person. It arrived in the post the same day but later on in the afternoon, the bundle was already four days late.

 

This statement just had the name of the witness in the top right hand corner of the letter and no address. I am not surprised as this witness owes money as well not just to us but utility and other companies. I am not even convinced that he wrote it, his character is very questionable anyway. Is it possible for us to ask it not to be taken into consideration next week ?

 

He has put in the statement "please contact me if I can be of any further assistance" IF ONLY .

It has also been signed as a statement of truth.

 

Thanks

[ims21]

Thread moved to more appropriate forum

[gordies]

Hi, I am in court next week (Small Claims and am the Claimant).

 

In our court bundle we had a note to say witness statement to follow and the name of the person. It arrived in the post the same day but later on in the afternoon, the bundle was already four days late.

 

 

 

This statement just had the name of the witness in the top right hand corner of the letter and no address. I am not surprised as this witness owes money as well not just to us but utility and other companies. I am not even convinced that he wrote it, his character is very questionable anyway. Is it possible for us to ask it not to be taken into consideration next week ?

 

 

 

He has put in the statement "please contact me if I can be of any further assistance" IF ONLY .

 

It has also been signed as a statement of truth.

 

 

 

Thanks

 

 

 

 

It is an invalid statement without place of residence OR place of employment if relevant to claim.

[citizenB]

See attached "Guidance Notes on Witness Statements".. if you scroll down, it states that the residential address should be included.

 

Under the heading "Content of Witness Statement"

 

HTH

 

 

 

[ATTACH=CONFIG]32435[/ATTACH]

[Tryinhard]

Thanks for the replies.

I refreshed the page so which forum have I been moved to ?

 

Our witness statements are not that precise but hold all the basics so I think should pass ok.

 

At what point do I mention the Invalid Witness Statement, just when we get to it or point it out at the start ? Is it possible the judge will overide my objection or can't he or she do that.

[citizenB]

You have been moved to the legal issues forums

 

Hmmm, when should you mention it.. I think probably as soon as it is obvious.. It might be worth your sending a private message to andyorch... give him the link to your thread and ask him to look in on you.

 

Is the defendant a Litigant in person or do they have a solicitor ?

[Tryinhard]

They are a LIP. The whole case is really bizzare but I realise things could go either way in a court room even though the outcome seems obvious.

 

No idea how to find andyorch or send him a message but I will have a look around at which buttons to press. Thanks very much for your help.

[citizenB]

They are a LIP. The whole case is really bizzare but I realise things could go either way in a court room even though the outcome seems obvious.

 

No idea how to find andyorch or send him a message but I will have a look around at which buttons to press. Thanks very much for your help.

 

Have sent him an S.O.S. for you..

[Tryinhard]

Thanks very much . I have only just found the Legal Issues forum. I was in Legalaties, its not looking good for my budding legal career.

[citizenB]

Thanks very much . I have only just found the Legal Issues forum. I was in Legalaties, its not looking good for my budding legal career.

 

 

 

It can be a bit daunting at first..

[Andyorch]

There is no general requirement for a party in a small claims trial to use a witness statement. However, in some small claims cases the court may give directions that witness statements are to be produced.As you quite rightly state CB the first paragraph should always start with the " who what why " including full residential or business address.Otherwise its really pointless and stands no merit and can be inadmissible as it is without standing.Normal proceeding usually direct early exchange of WS before any bundle so the fact this was received late is also another reason to object to its submittance.

 

Regards

 

Andy

[Tryinhard]

Thanks Andy and CB.

 

I will object to it being taken into consideration. I am just hoping that the judge can't overide the objection and make me look a fool.

[Ganymede]

Thanks Andy and CB.

 

I will object to it being taken into consideration. I am just hoping that the judge can't overide the objection and make me look a fool.

 

 

 

The DJ can, and in all probability will, allow the witness statement as its only a minor defect and the Defendant is a LiP.

[Tryinhard]

The DJ can, and in all probability will, allow the witness statement as its only a minor defect and the Defendant is a LiP.

 

As a LIP myself I still thought it was a major omission. So you are saying CBs link to what a witness statement should contain is wrong and Andy comments incorrect ?

I could have written myself a fantastic statement then (if only I had known). Surely a name and address should be the minimum requirement in a court of law whoever you are.

[citizenB]

Thank's for looking in andy.. I am out of clicks again

[Ganymede]

As a LIP myself I still thought it was a major omission. So you are saying CBs link to what a witness statement should contain is wrong and Andy comments incorrect ?

I could have written myself a fantastic statement then (if only I had known). Surely a name and address should be the minimum requirement in a court of law whoever you are.

 

 

No not saying the rules quoted are incorrect. I'm just saying how things actually are on the day in Court. Rules are all good and well but DJs are a law unto themselves.

[Tryinhard]

Thanks. I think the best option is just to bring it to the DJs attention rather than insist it is inadmissable. I think the statement can be defended anyway but of course would rather it was not there especially as we do not think the actual witness wrote it and there is no way to check.

It is strange that they are a law unto themselves when my case needs to be decided by law rather than an opinion.

[citizenB]

Thanks. I think the best option is just to bring it to the DJs attention rather than insist it is inadmissable. I think the statement can be defended anyway but of course would rather it was not there especially as we do not think the actual witness wrote it and there is no way to check.

It is strange that they are a law unto themselves when my case needs to be decided by law rather than an opinion.

 

 

I guess that is a query that could be raised !

[katan]

Hello tryinhard,

Sorry to read of your problems. From my experience as LIP and having solicitor, I too was claimant, witness statement will only be taken into account if witness

is present to answer questions about it. Otherwise,as you say, anyone could write any old rubbish.

Don't get too worried, Judge is there to help you if you are representing yourself, so don't be afraid to ask if you need something explained.

Hope this helps. katan.

[Andyorch]

Thanks. I think the best option is just to bring it to the DJs attention rather than insist it is inadmissible. I think the statement can be defended anyway but of course would rather it was not there especially as we do not think the actual witness wrote it and there is no way to check.

It is strange that they are a law unto themselves when my case needs to be decided by law rather than an opinion.

 

Simply place doubt and question the validity and source and whether it should be admissible.Its about convincing the DJ that said WS is questionable.

Like I said its SCT so the claim would not totally weigh on a questionable unformatted WS.

 

Andy

[Tryinhard]

Double post sorry

Edited December 31, 2011 by Tryinhard
Double post

[Tryinhard]

Thanks katan. Was it you that was the LIP and the defendants that had the solicitor or have you been to County Court twice using both ? I'll be glad when its all over..

[katan]

Have to admit I've been to County Court lots of times as claimant, usually represented by solicitors. Also asked for review of connected case and was defendant

and represented myself when opposition had solicitor. Judge was particularly helpful to me at that time. In fact it's generally nervousness that makes us employ

obscenely overpriced solicitors, when we can often do a much better job ourselves.

Did a very simple small claim while living in Ireland, sent documentation to court which proved my claim, and got a cheque back.

Any help I can give, just ask.

[Tryinhard]

Have to admit I've been to County Court lots of times as claimant, usually represented by solicitors. Also asked for review of connected case and was defendant

and represented myself when opposition had solicitor. Judge was particularly helpful to me at that time. In fact it's generally nervousness that makes us employ

obscenely overpriced solicitors, when we can often do a much better job ourselves.

Did a very simple small claim while living in Ireland, sent documentation to court which proved my claim, and got a cheque back.

Any help I can give, just ask.

 

Well I have no idea how you cope with going more than once !! It was the most horrible experience and the judge went for my throat straight away, I think the defendants were enjoying it. When they were questioned he seemed much nicer to them but was still firm. It was a total shock when I won :whoo:well won about 85% of claim and costs which I was really pleased with. I never even looked over at the defendants to see their reaction I was so shocked.

 

The question about the statements was answered by the judge without me saying anything. He said there were a couple of statements but as the witnesses were not present they could not be questioned and that was that.

 

The defendants have to pay many more hundreds than they were going to pay (their offer) I offered to settle months ago with a figure and same at mediation (they never budged by the way). They have to pay about £200 more than that figure so I can imagine they are not very happy.

 

The work involved does not match the outcome though. You have to think of everything that MIGHT be produced or said and it takes hours and hours. What actually happened was that hardly anything was used. It is certainly Cut to the Chase asap even though I wanted it to be slower so I could explain, the judge ran away and ahead of me which did not make me look good. I thought he did not totally understand what had happened and I was stunned at his forcefulness. With reflection perhaps he did know exactly from his review of the documents before it started.

He was emotionless, monotone and decisive. I am of course happy with the outcome but really would have questioned it if it had gone the other way as I felt he had not grasped what had happened and I was railroaded.

[citizenB]

Oh well done, I am pleased you were successful. I will amend your title to reflect this.

 

Yes, some Judges can be really helpful, but you end up feeling as though you have been run over by a steam train!

 

LiPs very rarely get all their costs back.. I think the main problem we have is that we need to research more .