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Help with witness statement please

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  • #16
    I've attached an example statement, properly set out. It's incomplete so you'll need to use your existing WS to finish it off and suggest under the some other good reason section you comment about him being on holiday and having a team to deal with it etc.

    Also, I've set up some styles to make it easier on the auto numbering and I've named them L1 to L5 which references each paragraph level e.g. 1, 1.1, 1.1.1 so just select the one that you need if that makes sense but see below screenshot where you can find them just in case you're not familiar with word. For the headings and italics I've just used the normal style.

    Click image for larger version  Name:	Screenshot 2021-11-18 at 19.41.26.png Views:	1 Size:	33.2 KB ID:	1597287

    P.s. I've just realised that I have referred to the Defendant as the "Applicant" so you probably want to change this to Defendant. Also make sure to complete the square brackets with missing information.
    Attached Files
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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    • #17
      R0b Wow! Thank you so so much Rob....I'm on it....Does the last page of that serve any purpose relevant to me? One other thing I'm wondering about. I know it should be printed on good quality paper, but how should it be sent to the court? I know by post, but can you use a treasury tag to secure the pages? Can it just be put into a big brown envelope and sent like that, or does it have to be in, say a manila folder?
      Am I watching too much of Judge John Deed.
      Last edited by smintram; 18th November 2021, 22:58:PM.

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      • #18
        Last page is just to tell you it's the end of the witness statement, not needed really but just a general practice. There's no hard or fast rules around your witness statement but as a minimum it should be stapled and the pages numbered in sequential order. You can use treasury tags if you like just don't send it looseleaf because pages might go missing.

        A short cover letter would help with your claim details and explaining that your WS and exhibits are enclosed.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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        • #19
          You're a star, thank you. I'll let people know on here, what happens, as I'm sure there are/will be people that could benefit from this one.

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          • #20
            I received a hearing date for this in the County court, however nothing else as regards filing Witness statements. incase, I don't hear anything further, how soon before the hearing must they be filed with the court and served on the defendant, does anyone know??

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            • #21
              Originally posted by smintram View Post
              I received a hearing date for this in the County court, however nothing else as regards filing Witness statements. incase, I don't hear anything further, how soon before the hearing must they be filed with the court and served on the defendant, does anyone know??
              You should get court instructions on this but it's 14 days.

              https://www.judiciary.uk/wp-content/..._in_Person.pdf

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              • #22
                Thank you...I. Don't trust them to do anything right.

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                • #23
                  I still haven't received and directions, and the hearing is in 15 days time. Would I get away with filing with the Court today and say, serving the defendant with a copy of statement 3 days before the hearing? (In the absence of any directions)

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                  • #24
                    There's nothing in the CPR about timescales for opposing an application but it is generally accepted that you should file something as soon as possible, 3 days should be fine but more notice the better ideally 7 days at least. If you haven't made the other side aware it might be helpful to let them know to expect a witness statement opposing the application.
                    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                    LEGAL DISCLAIMER
                    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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                    • #25
                      Thank you @R0B I'm on it..... I like surprising him...feels right.

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                      • #26
                        Just make sure if you are emailing in your witness statement to the court you put in the subject line the case number as well as the hearing date and time in a format like below - otherwise it may not get put on court file in time.

                        Claimant v Defendant (case number) - Strike Out Application for hearing on XX XX 2022 at XX:XX

                        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                        LEGAL DISCLAIMER
                        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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                        • #27
                          Yep, all done...thanks

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                          • #28
                            Postponed, because they have no judge to do it

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                            • #29
                              Just to bring this to a conclusion. Went to court, and the defendant kept arguing about the oil, so the judge told him he would send this to trial, providing he payed the money claimed by me into court, and prepare his statement and evidence and sent me copies...etc. He then went on to say that if he were William Hill, he wouldn't wouldn't give him very good odds of winning it. The defendant thought for a moment, and asked the judge if he could just pay me instead, because he doesn't have time for all this...He payed up the next day...result. Thank you rob and anyone else who contributed.

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                              • #30
                                Brilliant.. made me chuckle
                                Thanks for the update

                                Comment

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