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  • FIRST POST
    • Telly345
    • By Telly345 12th Sep 19, 6:22 PM
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    Telly345
    Tribunal hearing - witness statements
    • #1
    • 12th Sep 19, 6:22 PM
    Tribunal hearing - witness statements 12th Sep 19 at 6:22 PM
    I am representing myself in a tribunal and i am at the stage of putting a bundle together with employees solicitor. They are saying they are not relying on a witness statement. I have prepared most of mine. Can they not swap witness statements? Why should i show them mine if they wont give one to me. The court docs said we should exchange witness statements. Very confused.

    If i have legal arguments and references to previous cases do i put those arguments in my witness statement?
Page 1
    • buggy_boy
    • By buggy_boy 13th Sep 19, 12:28 PM
    • 580 Posts
    • 439 Thanks
    buggy_boy
    • #2
    • 13th Sep 19, 12:28 PM
    • #2
    • 13th Sep 19, 12:28 PM
    Are you the employer or the employee... You say the employee's solicitor which would indicate you are the employer in which case it would be very unusual for you as the employer not to have a solicitor..

    As for witness statements they need to include in the bundle anything which is used in court, it could maybe they call on the witness on the day to give an account rather than a statement.. Are they going to call any witnesses?
    • Comms69
    • By Comms69 13th Sep 19, 12:48 PM
    • 9,907 Posts
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    Comms69
    • #3
    • 13th Sep 19, 12:48 PM
    • #3
    • 13th Sep 19, 12:48 PM
    Are you the employer or the employee... You say the employee's solicitor which would indicate you are the employer in which case it would be very unusual for you as the employer not to have a solicitor..

    As for witness statements they need to include in the bundle anything which is used in court, it could maybe they call on the witness on the day to give an account rather than a statement.. Are they going to call any witnesses?
    Originally posted by buggy_boy


    A witness statement is needed for the employee himself, which makes this even more confusing
    • Telly345
    • By Telly345 17th Sep 19, 8:49 PM
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    Telly345
    • #4
    • 17th Sep 19, 8:49 PM
    • #4
    • 17th Sep 19, 8:49 PM
    I am the employee. Why do they not need to give me a witness statement? I am not aware of any witnesses they are calling
    • JReacher1
    • By JReacher1 17th Sep 19, 8:53 PM
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    JReacher1
    • #5
    • 17th Sep 19, 8:53 PM
    • #5
    • 17th Sep 19, 8:53 PM
    They are obviously not calling any witnesses. Which means as a result they’ve got no statement to give you.
    • Telly345
    • By Telly345 18th Sep 19, 9:59 PM
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    Telly345
    • #6
    • 18th Sep 19, 9:59 PM
    • #6
    • 18th Sep 19, 9:59 PM
    How do they dedend if they have no witness starement. Can my witness starement refer to case law and also state how i believe the respondents grounds for resistance is wrong?
    • Telly345
    • By Telly345 18th Sep 19, 10:01 PM
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    Telly345
    • #7
    • 18th Sep 19, 10:01 PM
    • #7
    • 18th Sep 19, 10:01 PM
    Will i have to read out my witness starement? Or they just read it? Can i make further statements on top of my witness statement?
    • 74jax
    • By 74jax 19th Sep 19, 5:41 AM
    • 5,168 Posts
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    74jax
    • #8
    • 19th Sep 19, 5:41 AM
    • #8
    • 19th Sep 19, 5:41 AM
    How do they dedend if they have no witness starement. Can my witness starement refer to case law and also state how i believe the respondents grounds for resistance is wrong?
    Originally posted by Telly345
    Why would a witness statement refer to law? Surely it is the witness saying what they witnessed?
    Forty and fabulous, well that's what my cards say....
    • 74jax
    • By 74jax 19th Sep 19, 5:43 AM
    • 5,168 Posts
    • 7,246 Thanks
    74jax
    • #9
    • 19th Sep 19, 5:43 AM
    • #9
    • 19th Sep 19, 5:43 AM
    Will i have to read out my witness starement? Or they just read it? Can i make further statements on top of my witness statement?
    Originally posted by Telly345
    Your witness statement is stand alone. Just what your witness wants to put and is happy if they are cross examined that they are confident with what they witnessed.

    Nothing to do with your actual case and presenting the facts and fighting for your side.
    Forty and fabulous, well that's what my cards say....
    • Comms69
    • By Comms69 19th Sep 19, 8:12 AM
    • 9,907 Posts
    • 11,888 Thanks
    Comms69
    A witness statement (yours or anyone who is supporting you) is a statement of fact - IE what you say happened.


    Your bundle can refer specific points to case law.
    • Telly345
    • By Telly345 23rd Sep 19, 6:37 AM
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    Telly345
    I am defending myself. My witness statement gives a bit of background in the 1st person and also refers to points i was requested to answer in previous letters from the courts. I am assuming if i write it into my witness statement it will get read by the judge and wont need to be read out by myself.
    • Comms69
    • By Comms69 23rd Sep 19, 8:17 AM
    • 9,907 Posts
    • 11,888 Thanks
    Comms69
    I am defending myself. My witness statement gives a bit of background in the 1st person and also refers to points i was requested to answer in previous letters from the courts. I am assuming if i write it into my witness statement it will get read by the judge and wont need to be read out by myself.
    Originally posted by Telly345


    I think you're overthinking this, but... what is the issue with you reading it.


    If you cant read your own statement out loud in court; don't defend yourself - pay a professional
    • Crazy Jamie
    • By Crazy Jamie 23rd Sep 19, 8:33 AM
    • 2,192 Posts
    • 2,117 Thanks
    Crazy Jamie
    I am defending myself. My witness statement gives a bit of background in the 1st person and also refers to points i was requested to answer in previous letters from the courts. I am assuming if i write it into my witness statement it will get read by the judge and wont need to be read out by myself.
    Originally posted by Telly345
    You don't read it out. The bundle and the witness statements are read by the Judge prior to the start of the trial, and all you do when you're giving evidence is to take the oath and then confirm that the statement is true. So the legal effect is of you having read it out under oath, but in practice it has been read in advance. It saves time that way. If you were represented your advocate would have the chance to ask you questions in examination in chief (prior to you being cross examined) and re examination (after you have been cross examined).

    Without a representative the Judge will likely ask you both before and after the cross examination whether you have anything to add, but you should be aware that the scope of both examination in chief and re examination is quite narrow. Examination in chief is to expand on points that either might have been missed or which have come up since the start of the trial. Re examination is giving further clarification on matters that you were cross examined on. So don't think that you can put a short statement in and then talk at length before and/or after you've been cross examined, because that will not be allowed. Your witness statements should give a full factual account of the matters in dispute. What you cannot do is hold key details back to ambush the other side on the day, because that will not work. Start with the assumption that you shouldn't need to say anything more than is in your statement, and then if something comes up whereby you need to say more, chances are you will be able to before or after cross examination. But it is important that your statement covers all the relevant points.

    On the case law issue, that is not a matter for your statement. Your witness statement is a factual account and should only deal with, for example, a relevant legal test insofar as you can give a factual account that is relevant for the purposes of that test. If you want to refer to case law you can do so in a skeleton argument or written submissions, but as a litigant in person you will likely be unable to do that effectively. The better option is to bring copies of any cases you want to rely on, make the other side aware of them before the trial, and then bring them up during your closing submissions (which you do after all of the witness evidence has been completed). But do not put legal argument in your witness statement.

    On the employer not putting witness evidence in, that is extremely unusual. Without knowing more details about the case I can't say whether that is a good or a bad thing, but the only reason why I can think that an employer would do that is because the case against them is legally flawed and they don't need witness evidence to resist it. Which obviously wouldn't be a good thing for you, but I have no idea if that is the case or not without knowing anything about your claim.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
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