getting an unsigned witness statement thrown out

[psychojuice]

Are there any stated cases where the judge has disallowed a statement for being unsigned, when the parties exchange each others?

I'm trying to get the respondent's statements thrown out as they were not signed and it was clearly stated on the case management order. I know it is petty, but I have no doubt they would have done the same to me!

[Amethyst]

Does the statement contain name and address and a statement of truth ( just unsigned?) - the mostly likely result is that the other side will be asked to put the matter right, potentially with a sanction of strike out if they don't comply …. have you checked with court if the WS's filed with them have been signed?

Do you have reason to believe the WS's served on you aren't genuine ?

In any event - you should first of all respond in writing to the respondent pointing out that the WS's aren't signed, that they are required to be pursuant to the CM order and would they be so kind as to get them signed and refiled and served within x days when you will bring the matter to the attention of the court.


Actually - is this regarding the Employment Tribunal ? as things operate a bit differently than county court and, I believe, a Witness has to attend and attest to their statement on the day ( as well as sign it ) - however if the CM order is clear on the WS's being signed before exchange then same as above, opportunity to fix the issue is likely to be the result of bringing it to the court/tribunal's attention, at least in the first instance.

[psychojuice]

Are there any stated cases where the judge has disallowed a statement for being unsigned, when the parties exchange each others?

I'm trying to get the respondent's statements thrown out as they were not signed and it was clearly stated on the case management order. I know it is petty, but I have no doubt they would have done the same to me!

Yes this is for an ET. Statements were exchanged via email, which contained everything bar a signature. It seems silly that a court would order a statement to be signed before exchange and then when it happens one side ignores this instruction- whats the point of the case management order?!

I have already written to the judge about this and she has dismissed my complaint. Do I have a right to appeal?

It seems to me a unfair system. If a claimant is 1 day out from applying to a ET, the case is thrown out. If the respondent ignores a CMO, it is overlooked!

[Amethyst]

Welcome to the justice system !

( not very helpful I know - but yes generally that's how things go )

Ula mariefab I expect the people who know the ins and outs of the ET system will pop in Monday xxx.

[Amethyst]

Actually, Have all parties agreed to service by email ? It may be the actual hard copies are signed.

[psychojuice]

yes we agreed to exchange via email. There is no hard copy that I aware of.

[mariefab]

The Judge will have dismissed your complaint because whether, or not, the witness statements were signed doesn't really matter.

At the hearing one of two things will happen.
1. The witnesses will appear in person and give their evidence under oath. The Tribunal will then decide whether, or not, the witnesses and their evidence are/is credible.
2. The witnesses will not appear and the Tribunal will give little, or no, weight to the content of their witness statements unless it is confirmed by other credible evidence.

[psychojuice]

mariefab quick question. If I gave the judge (and lay people) a copy of my cross exam questions before I begin, so that it makes life easier for them would I have to also give the respondent a copy? I'm reluctant to do the latter because it gives the respondent's counsel extra time to think of ways to counter my arguments.

Also I have created timelines, which I want to give to the judge. Again, would I also have to give the respondent a copy of this?

thanks

[mariefab]

I wouldn't recommend giving the Tribunal copies of cross examination questions because:

Sometimes an unexpected response from a witness will generate further questions which would then make your list incomplete.
The Tribunal would definitely want the Respondent to have a copy.
It feels patronising, especially from a lay person.

A timeline is a useful tool to have before you at a hearing and if the Respondent has legal representation you can be fairly sure they'll have one of their own.
Giving one to the Tribunal could imply that you don't think they'd be capable of keeping track of the sequence of events otherwise. From your other thread yours seems like a relatively simple claim.

[psychojuice]

mariefab another question if I may? Can an employment tribunal be one entirely on one adverse inference? Or does there need to be more?

For example:

The question posed in Dattani v Chief Constable of West Mercia Police [2005] EAT/0385/04 was whether an employment tribunal is permitted to draw an inference of discrimination from evasive replies in documents other than discrimination questionnaires. The Employment Appeals Tribunal (EAT) made it clear that an employment tribunal may infer that an employer (or other entity) has committed a discriminatory act if the employer answers evasively or inadequately any question posed, at any time, by a person who believes that he or she may have been discriminated against.

If I can show my case follows the above, would that be enough to prove discrimination?

[mariefab]

In theory, Yes. But it would have to be a pretty substantial adverse inference.
For example, An unsuccessful candidate asks why more than half the interview time was taken up with questions about her relationship status, whether, and if so when, she would plan to have children, if she would continue working afterwards, what childcare arrangements she envisaged etc.
A response like, "I can't remember why" could attract such an inference.

[Amethyst]

Thanks Mariefab xxx

[psychojuice]

In theory, Yes. But it would have to be a pretty substantial adverse inference.
For example, An unsuccessful candidate asks why more than half the interview time was taken up with questions about her relationship status, whether, and if so when, she would plan to have children, if she would continue working afterwards, what childcare arrangements she envisaged etc.
A response like, "I can't remember why" could attract such an inference.

So is it possible to say how many adverse inferences maketh a discrimination win?

[mariefab]

No. Because...

First, it depends on the findings of fact on which the inferences are made. (i.e. quality rather than quantity)
Then, once the burden of proof shifts to the Respondent, whether they can show a credible, non-discriminatory reason for them.