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Issue of Privacy

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  • Issue of Privacy

    Dear Beagles,

    I am bringing a Small Claims claim which is due within a couple of week in court.

    I have just received the defendants evidence pack and statement.

    Also within this is a separate statement from a "Hostile" witness. "Hostile" as I also have a claim pending against him.

    This second statement contains many factual inaccuracies, and misleading allegations. It is basically a Character Assassination in 12 pages!!! This is bad enough as the bulk over 95% does not even refer to the claim I'm bringing against the defendant, but my real concern is that it reveals private, personal, and confidential information about myself and my wife which is not in the public domain, and we'd like it to remain so. I personally believe it was deliberately done to embarrass my wife and I, and is certainly a malicious intervention by this individual.

    Do I have any options to request that the statement be redacted, or withheld from public scrutiny? I have no issue with the Judge seeing it as it really helps my case in that it shows the kind of "People" I've been having to deal with.

    Many thanks
    D.
    Tags: None

  • #2
    Don't worry about it becoming public.

    Witness Statements are available from the record, but only if the court gives permission.
    An application notice has to be filed with the court and a hearing will almost certainly be required. A party and/or any person named in a witness statement may contest production of the witness statement
    In every case, the court will want to know why the application is made, and most likely what uses to which the witness statement will be put, if it access is granted.

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