Witnesses in court

brainiack

Reading a few court reports recently, it appears that if a witness does not turn up in court, or at least doesn't state beforehand that they won't/can't attend then the judge can throw their witness statement out...

I ask as I have a court claim ongoing with a notorious PPC. I was not the driver, but the driver has provided a witness statement but they don't want to attend a court hearing as they are a foreign national with poor grasp of english and in general just don't want the hassle! At what point do I have to tell the court that the witness won't be attending?

As long as I let them know, will their witness statement still stand?

Guys_Dad

Courts seem to accept PPC witness statements at times, so can't see why not. I would get the statement notorised or similar by a solicitor for added weight, but others (such as Bargepole) on here will have better legal experience to advise best course of action.

You may be asked why the driver was not identified before so that the PPC could have pursued them.

The_Deep

Last time I had something notarised it cost me £60. ,

brainiack

With this in mind, is it worth just risking it to submit the 2 witness statements (mine and the driver) and hope it's accepted? I'm happy to state the witness doesn't want to attend a hearing beforehand in advance.

I was thinking would a number of supporting documents from the witness add weight? Like a copy of their passport, they are already providing their lease in support of the case and my defence.

bargepole

I would simply add a paragraph at the end of the WS, stating something along the lines of "This statement is submitted as an honest and accurate account of events, in support of the Defence of Mr XXXXX in this matter. I ask the Court to accept this statement as my evidence, and can confirm that I will not be attending the hearing on the listed date of XX/XX/2017".

brainiack

Thanks again for the replies, I'll follow your advice Bargepole!

On a separate part, I sent back my directions questionnaire last week but my mcol has not been updated by court showing it has been received. Is it possible to email it? What is the address?

Lamilad

Is it possible to email it? What is the address?

Just ring them. You could be waiting days/weeks for a response to your email. You need to know now. Google the number

Loadsofchildren123

The court has a discretion as to what weight it gives to a statement of a person who doesn't attend for cross examination.
In this case, the issue is:
1. was he/she driving, or not - court may say this is untested, but if you are able to back up the statement from your own personal knowledge then that becomes less of an issue.
2. the documents (eg rights under the lease) - these speak for themselves so I can't see it matters if the witness is there or not.


Perhaps make the statement an affidavit instead, so its truth is "sworn" - however there is little practical difference between a statement of truth (what you put at the bottom of a statement) and a jurat (swearing on the bible/koran that its' all true). Also consider getting a solicitor (if you know one who'll do it for you) to certify the document(s) as true copies of the original(s).


From what you say I'm not sure it is going to make a big difference here.