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Witness Statament more than one. Please help!

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Hello. I'm not sure I post in the right section, but I hope anyone can help. 

Right now my husband and I are going through court process against the builder who failed to complete his work at our property. We just received N158 Notice of Allocation to the Small Claim Track. It says we have to include witness statement in our documents.

In the Direction Questionnaire, my husband (the claimant) includes me as a witness, since I was also in contact with the builder and been home all the time whilst he did the job. Now that means both my husband and I have to sign witness statement.

Since our statement and evidence would be the same (apart from the witness name), can we submit the exact same letters but sign it differently? Will the court accept this?

Any helps would be greatly appreciated. Thank you.


Comments

  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You could just reword to something very similar.

    The exact same wording would be accepted but might look a bit suspicious.

    Was your husband also in all the time with you?

    If not you should put your own spin on it.
  • TELLIT01
    TELLIT01 Posts: 17,978 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    It would be very unusual for 2 people to have exactly the same recollection of something which happened some time ago.  I would advise doing individual statements but ensuring that they match on the facts but not the wording.
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 18 February 2022 at 7:47PM
    Gwalker said:
    ...
    In the Direction Questionnaire, my husband (the claimant) includes me as a witness, since I was also in contact with the builder and been home all the time whilst he did the job. Now that means both my husband and I have to sign witness statement...

    Your husband's witness statement and your witness statement should ideally only contain statements that each of you can swear to be true. 

    If by the above quote you mean that only you were at home when the builder was working and your husband was not at home, then obviously you cannot both submit the same witness statement because you will have witnessed the builder working while your husband did not.  Your husband shouldn't really include anything in his witness statement that he didn't witness because he wasn't there. 

    So, for example, your husband could say in his statement something like "When I returned home my wife told me the defendant had done X, Y and Z", but only you can truly say "While he was doing the work I saw the defendant do X, Y and Z".

    If you both attempt to submit the same witness statements I expect you might encounter unnecessary complications...


    Gwalker said:
    ...Since our statement and evidence would be the same (apart from the witness name), can we submit the exact same letters but sign it differently? Will the court accept this? ...
    I hope you can see from what I've put above that you and your husband can't really give the same evidence - unless you were both party to identical experiences which is unlikely if only you were present some of the time?
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