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Witness Statements-Advice Pease

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  • Witness Statements-Advice Pease

    If you write the Particulars of Claim yourself and sign the Statement of Truth at the end do you still have to write a Witness Statement? If you do how do you phrase it?

    If your wife or partner is present during conversations with the defendant can they write a Witness Statement?

    Thanks for any advice.
    Tags: None

  • #2
    I think I might have found the answer myself. I have read that In the small claims track the court is unlikely to require the evidence to be sent in official Witness Statement Form.
    Does that mean evidence such as letters, emails can be referred to in the Particulars of Claim and attached after the Statement of Truth?
    Thanks in advance for any advice.

    Comment


    • #3
      First of all, what you suggest is possible.

      The witness statement is your chance to get the full story before the court. Very often there will be more to be said and maybe more documents to show than is covered in the Particulars of Claim.

      You may also need to say something about something that has been said in the Defence, which you might not have anticipated in the Particulars of Claim.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        Thanks Atticus
        I was intending to put the full story (what happened) in the claim particulars and attach the contract, letters, emails, photos.
        Using this method would I still get the chance to reply to the defence and add any more correspondence that relates to the defence?

        Comment


        • #5
          Yes.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            I am going through the virtual same problem, the office people who I forwarded to have sent the claim to the Court have rejected the evidence stating I must forward all evidence to the defendant and that that would enable the defendant time to defend or submit.

            Comment


            • #7
              Shouldn't you start a new thread DE DOGS? When doing so, please clarify what you mean by "the office people who I forwarded to have sent the claim to the Court".
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Originally posted by atticus View Post
                Shouldn't you start a new thread DE DOGS? When doing so, please clarify what you mean by "the office people who I forwarded to have sent the claim to the Court".
                I am going to start a new thread about sending in court documents

                Comment


                • #9
                  As you will have seen, my previous post, as kindly quoted by you, was addressed to another poster.
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment

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