Help with witness statement please

[smintram]

If I was opposing an application to set aside judgement, would it be wise to compose the witness statement in such a way as to only focus on and provide evidence in direct relevance to the evidence that the defendant puts forward? I ask, because if a full statement bundle was filed, and it somehow went to trial, there would be nothing left to offer. Im thinking along the lines of specifics to what this actually just is. To prove that the defendant has no good reason to set aside....any thoughts on this?

[des8]

Just flicked back over your past (unhappily unanswered posts).

Yes, only concentrate on the evidence in the application.
Be aware tho' that courts seem to do backward somersaults sometimes to appear fair to the applicant, so the set aside might be upheld and you will have to argue your original claim.

[smintram]

des8 thank you...That's what I was afraid of...putting all my eggs in one basket unnecessarily and having nothing else to offer.

[smintram]

des8 Do you know anything about disclosure of documents to the defendant? Does that have to be done in this case..if so, how? Thanks

[des8]

Really I know nothing about your case, but generally disclosure of a document is done by stating that the document exists or has existed
So if you are filing a witness Statement (which is served on the other party) that refers to documentation, that is considered as disclosure

[smintram]

des8 I'm stuck on that bit. Who serves the witness statement to the other party? The court or the claimant? Does the claimant send a copy to the claimant before the hearing? Do you have to send a certificate of service to the court? all confusing.....thanks

[des8]

You serve copy of your WS on the other party at same time as you file in court

[smintram]

des8 thank you

[echat11]

Please stick to this thread.

[smintram]

echat11 R0b des8 I have drafted a witness statement (hopefully the final attempt) and would really appreciate some feedback as to whether it's ok. Does anyone think I should get a note from the mechanic to confirm his findings? Thank you for looking. I've had some help from R0B on this one, and pinched bits from other posts too. (In ref to para 20,21 I'm not anticipating him exchanging docs, as this is the type of person he is. If he does, I'll amend it)

[R0b]

Don't think you quite have the structure right, as I'm reading your WS and it looks like you are trying to argue you case as if this was the trial hearing. Whilst it's helpful to add in why the application should not be set aside by reference to your prospects of success, you need to focus on the references to CPR 13.2 or 13.3 as to why the judgment should stay in place.

It's also difficult to work out how you can present your witness statement without seeing what the defendant has submitted in their application to set the agreement aside and any accompanying witness statement. Are you able to upload that information as a photo and remove personal info so we can review it?

P.s. You may want to remove and re-upload your WS because your personal info is still on there. Highlighting the personal information in black does not prevent people from removing the highlight and seeing your information. You should delete it entirely or put XXX to ensure it can't be linked back to you.

[smintram]

Thanks Rob...I'll do that and get back to you.

[smintram]

R0b It's late...but I've uploaded a redacted N244 that I received. This seems to be all the applicant is relying on, and cannot see his WS saying anything different. And to be perfectly honest with you, He has no evidence of anything. There is nothing to have any evidence of in this matter. I'll have a go at stripping down the WS, and see what I can come up with.

[R0b]

You may want to hold off on the WS, I did start to write up an example for you to look at but haven't had a chance to upload, I'll do that later today if you want

[smintram]

R0b That's very kind of you. Thank you Rob.