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Hi,

 

there are plenty of threads on this (excellent) forum which highlight many of the ways that respondents will attempt to restrict evidence (against them) in the bundle being brought before the Tribunal panel.

 

Can respondents also control/restrict what goes into the claimant's witness statement as well or is the content of the claimant's witness statement 'off-limits' to interference from the respondent?

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Hi Sidecar. They can't stop it being submitted but they can dispute the content if it is not factual. Stick to facts and not your opinion and you should be ok. The respondent will have the chance to question you on the content at the hearing. Are you ok with the structure of the statement or do you need some advice?

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Hello

 

Witness statements are exchanged simultaneously, usually by email, so it's hard for the other side to restrict its content.

 

Facts are very important, but as its the entirety of your evidence, opinions are important too. What you need to do is stick only to facts and opinions that are relevant to the claim - endless pages of irrelevant background information will get the Judges back up!

 

It's worth also referring to pages in the bundle as well to back up any points you make. Go through the bundle with a fine toothcomb and make sure you address everything you need to.

 

Set it out with the case number, parties names, etc at the top, call it "Claimant's Witness Statement", set it out in numbered paragraphs and put a statement of truth at the bottom. Then you need to sign and date it at the end.

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.... Are you ok with the structure of the statement or do you need some advice?

 

Hi SNALF, as regards structure I was intending to simply go through what happened in chronological order. Is there more that I should be doing for the witness statement?

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Thanks becky2585,

 

the content of the bundle has already been horribly contended.

 

The respondents have already produced a bundle with only some of my documents in. They refuse to let any more in - including some documents I will be referring to in my witness statement. At the CMD meeting the judge decided that the respondent's bundle would be treated as the trial bundle and if I wanted to add any more documents they should go into a supplementary bundle.

 

The judge at the CMD hearing then went on to warn me that the panel will read the trial bundle to get a feel of the case but that they rarely read the supplementary bundle! I complained about this unbalanced 'curate's egg' solution at the CMD - but my protestations fell on deaf ears I'm afraid.

 

In my witness statement, if I refer to (my) documents in the supplementary bundle - will they even get looked at by the Tribunal panel?

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These documents you refer to, were they included in the ones you exchanged on or before the date specified or extra ones? The other side can object to adding material after the exchange date but you will find that they often want to drop a load of irrelevant material in when you meet up in front of the tribunal proper so I cant see the problem with a supplimenntary bundle as long as the other side gets it beforehand. If you do get objections just tell the chair that they were sent out but the other side are being obstructive.

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Hi ericsbrother,

 

we never really exchanged any documents. They made up a bundle that included some documents I needed (and a lot of documents I didn't - and neither do they I suspect). When I subsequently sent across my list/documents they simply said no to most of them being included.

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