Simple:- Can a criminal witness statement be used in a civil trial

[scubatony]

I am a litigant in person and the Defendants Solicitors have served upon me three witness statements.

Not a problem, but these were gained in a Criminal case brought against these individuals who were subsequently found guilty.

 

I have several problems.

 

1. Can a witness statement that was used in a Crimanal case (written on a "Statement of Witness form) be used against me in my civil claim ?
   
2. All of them state 10 pages and the last page is missing.
   
3. One of them has no signature at the end of the text ! ! ! (the note at the bottom of the form clearly states on every page that it "must be signed at the end of the written matter by the person making the statement")although they are signed at the top(but anybody can insert their own dialogue).
   
4. Several of them have crossings out but are not initialled.
   

Can anybody point me to a "Practice Direction" or a CPR Rule that I can look at.

[BankFodder]

s.11 Civil Evidence Act - http://www.legislation.gov.uk/ukpga/1968/64/section/11

[BazzaS]

I am a litigant in person and the Defendants Solicitors have served upon me three witness statements.

Not a problem, but these were gained in a Criminal case brought against these individuals who were subsequently found guilty.

 

I have several problems.

 

1. Can a witness statement that was used in a Crimanal case (written on a "Statement of Witness form) be used against me in my civil claim ?
   
2. All of them state 10 pages and the last page is missing.
   
3. One of them has no signature at the end of the text ! ! ! (the note at the bottom of the form clearly states on every page that it "must be signed at the end of the written matter by the person making the statement")although they are signed at the top(but anybody can insert their own dialogue).
   
4. Several of them have crossings out but are not initialled.
   

Can anybody point me to a "Practice Direction" or a CPR Rule that I can look at.

 

Civil evidence act 1968 as amended by Civil Evidence Act 1995, MAY apply.

 

Is their (civil case) defence, in effect, "wasn't my client, was these 3 people who have been found guilty in a criminal court"?

 

Civil Evidence Act is more usually relied on by claimant in a "defendant was done for drink driving, convicted, and I'm seeking civil damages, this establishes he was in the wrong" manner.

[scubatony]

Thanks for that, I had just printed it out.

(4)Where in any civil proceedings the contents of any document are admissible in evidence by virtue of subsection (2) above, a copy of that document, or of the material part thereof, purporting to be certified or otherwise authenticated by or on behalf of the court or authority having custody of that document shall be admissible in evidence and shall be taken to be a true copy of that document or part unless the contrary is shown.

 

That takes care of item number 1

 

What do you think to items 2,3 & 4

[scubatony]

Civil evidence act 1968 as amended by Civil Evidence Act 1995, MAY apply.

 

Is their (civil case) defence, in effect, "wasn't my client, was these 3 people who have been found guilty in a criminal court"?

 

Civil Evidence Act is more usually relied on by claimant in a "defendant was done for drink driving, convicted, and I'm seeking civil damages, this establishes he was in the wrong" manner.

 

I am the claimant ! ! !

[scubatony]

http://www.legislation.gov.uk/ukpga/1995/38

 

Now printed

[scubatony]

s.11 Civil Evidence Act - http://www.legislation.gov.uk/ukpga/1968/64/section/11

 

http://www.legislation.gov.uk/ukpga/1995/38

 

Now printed

[Ganymede]

What is your claim about?

 

Can we have some more background please.

[scubatony]

Two people (Mr B & Mr R) were prosecuted in the Crown Court and found guilty, I was one of the victims, but I did not get any compensation, so I am bringing in my own civil claim against the two guilty parties.

 

Mr B & Mr R's Solicitor is using three statements (there were more, but he has gleaned the best) that was used in the criminal case as part of his disclosure against my claim.

 

I do not want to give personal details, but anybody who knows me will know the case.Please do not ask me if it is a particular case, because I will neither confirm or deny it.

 

Basically, all that I am asking is answers to numbers 1 to 4

 

If you know me send me a pm

[BazzaS]

Civil evidence act 1968 as amended by Civil Evidence Act 1995, MAY apply.

 

Is their (civil case) defence, in effect, "wasn't my client, was these 3 people who have been found guilty in a criminal court"?

 

Civil Evidence Act is more usually relied on by claimant in a "defendant was done for drink driving, convicted, and I'm seeking civil damages, this establishes he was in the wrong" manner.

 

I am the claimant ! ! !

 

I realise that : one can tell I realise that by me asking:

"Is their (civil case) defence, in effect, "wasn't my client, was these 3 people who have been found guilty in a criminal court"?"

So it is apparent you are the claimant, and I was asking if their defence to your claim was to blame others.

DEFENCE being the particular giveaway here : makes them the defendant and you the claimant.

 

Due to your coyness with the details it wasn't apparent at that stage if you are suing those found guilty or suing a 3rd party who is trying to shift the blame to those who were found guilty.

 

It is still the case that the Civil Evidence Act(s) is / are more usually used by the claimant (as I described), and it is unusual for the defence to rely on it, hence me highlighting this (whilst I was aware you are the claimant).

 

Basically, all that I am asking is answers to numbers 1 to 4

 

You've had an answer to 1), and 2-4 follow from this.

 

It is your right to ask a "simple" question, and to not give details.

The hazard is that the answers aren't always "simple" and may turn on the details. There is usually "a rule" but often the details give "exceptions to the rule ", with exceptions to the exceptions due to the details more common than rare!

 

Good luck.