Claimant does not want to attend Court?

[ivyhouse]

I have a claim against me and the solicitors for the claimant have asked me to agree with his witness statement so that he does not have to appear in court. Can the claimant do this? There are many "what ifs" for example I have questions regarding accountancy issues (these have been mentioned in my witness statement) that have not been addressed. His solicitors have said that maybe other witnesses can deal with these questions. Getting very confused with our legal system when a claimant can just sit back in their office while I go through the trauma of appearing in court. Any help with question?

[enquirer]

Re: Claimant does not want to attend Court?

They are obviously worried that the claimant will crack under cross examination. Say No, and insist that they appear in court.

[des8]

Re: Claimant does not want to attend Court?

It could just be, if this is in small claims track, the claimant thinks the costs involved are higher than the claim merits and is happy for his solicitor to deal with the case.
Of course, if claimant isn't there to be questioned, the defendant can request that on the basis of even handness the claimant's solicitor should not be allowed to question the defendant.

[QCKate]

Re: Claimant does not want to attend Court?

It could just be, if this is in small claims track, the claimant thinks the costs involved are higher than the claim merits and is happy for his solicitor to deal with the case.
Of course, if claimant isn't there to be questioned, the defendant can request that on the basis of even handness the claimant's solicitor should not be allowed to question the defendant.

Id say its nothing to do with you, it's up to them. Ultimately the judge will decide. Its almost certainly better for you if they dont turn up, but its not for you to agree.

QCK

[ivyhouse]

Re: Claimant does not want to attend Court?

But how do I ask relevant questions if they do not attend? I have raised certain issues in my witness statement so they are aware of my questions.

[QCKate]

Re: Claimant does not want to attend Court?

But how do I ask relevant questions if they do not attend? I have raised certain issues in my witness statement so they are aware of my questions.

You tell the judge at the hearing the questions you would put to the claimant in person under oath if they were in attendance. That can only work in your favour. You can be sure the judge would have questions she or he would want to ask.

QCK