Newbie questions - Excel Parking

Gr1pr

Tomorrow should be fine 

Definitely mention the discrepancies etc, pick holes in their WS

A driver is a first person witness and likely to be the only actual witness in any future hearing 

Although theirs is called a WS, It's really just a statement of what they believe to be true based on their exhibits and case notes

Coupon-mad

Just use what you've written as your crib sheet for court, instead of alerting them in your WS. Keep this powder dry!

Yes, Excel (more than most other PPCs) just won't let cases lie and they always send a supplementary WS if there's stuff they want to rebut. So just don't say it yet!

Gr1pr

Lemonhead39 said:

1) Oh no. I have spent all day writing a WS basically attacking the quality of their defence Witness Statement.
I did not know they could submit another updated witness statement. Are they allowed to change their previously submitted evidence i.e. the contract witness statement above, if I criticise the quality?

2) Interestingly, Excel are attacking my defence throughout their witness statement.

1) Fixed that for you 

2) They always do 

Lemonhead39

Thanks for feedback Coupon-mad, Gr1pr and others. I have just seen your response Coupon-mad after I removed my draft WS. I am very appreciative of the support people here provide.

Coupon-mad

1. There is no actual cut off date (despite the deadline in the Order) because on the day it's up to the judge whether to allow a late WS. Whatever the judge says, goes. Hence why to keep your powder dry about things you have spotted in their bundle! You'll get your turn to speak.

2. You didn't need to use Chat GPT! There's stuff about costs and the CPRs in lots of defences including the current Template Defence.

Lemonhead39

Hi

I have my court hearing very soon and would like to ask a few questions regarding the process that is followed.

I have printed off my WS and the claimant's WS as well as the defence incase I need it. I also have a crib sheet of things I want to mention that was not in my WS that I did not wish to present at the WS stage as it may have been advantageous to the claimant.

Court Process
In relation to the actual approach in court:

 - Does the claimant read out their whole WS and then I read through mine? I hope not!
 - I assume we are not allowed to interrupt or ask questions of one another and that only the judge is the one who asks questions. Is that correct?
 - I wish to take my laptop in to the hearing so I have electronic copies of my WS too for easier reference and search capability. Is this acceptable? Do I need to ask for permission from the usher or judge?

Legal element
 - I am worried that their solicitor or even the judge may wrap me up in 'legal jargon' if I have to mention any of the legal elements of my defence.
 - I am very worried that if I have to start quoting CPR, CRA, Beavis etc to a District Judge I am going to come across as very amateur which will likely frustrate the DJ. My WS included the majority of the latest defence template plus the HHJ Pema element so there is quite a bit of 'legalise' in there. 

Claimant presenting an updated WS on the day
 - The claimants solicitor is likely to ask for an updated WS to be presented which I understand the judge will likely accept. I think this is grossly unfair as evidence or opinion will be presented at the actual hearing which I have had no option to view. However, it is what it is.
 - I have more information I want to share but was just going to mention it verbally on the day. Should I stick to plan or should I create an a supplementary witness statement in response to late submissions by the claimant. 

Change in evidence
 - Can the claimant solicitor update or change any of their actual previously submitted evidence? For example, witness contract, photos? If they did I assume I could call this out when I have an opportunity to state my case.

I'm probably overthinking this but any help will be appreciated!

Note - I have had elements of my thread removed so that the claimant's solicitor does not see the previous discussion. Once this is all over, my WS and experience will be uploaded regardless of outcome.

Thanks

Coupon-mad

Lemonhead39 said:

Hi

I have my court hearing very soon and would like to ask a few questions regarding the process that is followed.

I have printed off my WS and the claimant's WS as well as the defence incase I need it. I also have a crib sheet of things I want to mention that was not in my WS that I did not wish to present at the WS stage as it may have been advantageous to the claimant.

Court Process
In relation to the actual approach in court:

 - Does the claimant read out their whole WS and then I read through mine? I hope not!

No. The judge should have read both WS beforehand. Take a spare copy in case. Nobody has to read it out. You just go with the flow. Let the judge guide you. They will!


 - I assume we are not allowed to interrupt or ask questions of one another and that only the judge is the one who asks questions. Is that correct?
No, their rep can ask you questions too because you are a witness. You cannot ask their rep questions because they are not a witness..


 - I wish to take my laptop in to the hearing so I have electronic copies of my WS too for easier reference and search capability. Is this acceptable? Do I need to ask for permission from the usher or judge?
Yes, just ask where to charge it, etc. 



Legal element
 - I am worried that their solicitor or even the judge may wrap me up in 'legal jargon' if I have to mention any of the legal elements of my defence.
 - I am very worried that if I have to start quoting CPR, CRA, Beavis etc to a District Judge I am going to come across as very amateur which will likely frustrate the DJ. My WS included the majority of the latest defence template plus the HHJ Pema element so there is quite a bit of 'legalise' in there. 
No you aren't expected to explain the law but it's important to understand why you are relying on the CRA and certain cases. But do read them through: the HHJ Pema decision is teeny weeny and a cinch to understand why it's relevant to your case.



Claimant presenting an updated WS on the day
 - The claimants solicitor is likely to ask for an updated WS to be presented which I understand the judge will likely accept. I think this is grossly unfair as evidence or opinion will be presented at the actual hearing which I have had no option to view. However, it is what it is.
Object anyway. It's up to the judge! They might hate PPCs and take a dim view of late evidence. 



 - I have more information I want to share but was just going to mention it verbally on the day. Should I stick to plan or should I create an a supplementary witness statement in response to late submissions by the claimant.
Keep it for the hearing. Don't start playing 'tit for tat' with late WS. Maintain the moral high ground, otherwise how can you object to theirs?



Change in evidence
 - Can the claimant solicitor update or change any of their actual previously submitted evidence? For example, witness contract, photos? If they did I assume I could call this out when I have an opportunity to state my case.

No they can't. 

As above. HTH.

Lemonhead39

Thanks once again! I am suitably reassured now :-)

Coupon-mad

Be confident. The judge wants to hear your case and you sound well prepared. Can't do much more than that, other than make sure you arrive early to get through security.

Lemonhead39

Hi Again

Is it true that original copies of evidence have to be made available to the court on the day. I consider one key part of the claimants WS to be completely fake and would like to suggest to the judge that he may wish to examine the artefact.

Thanks