Witness Subpoena

[biondani]

I wonder if someone can help with me with the issue below. On 13th July 2013 I was a witness to an accident where a person 2 cars in front of me turned right out of a dance center car park whilst there was car parked to the right of the entrance blocking her view and was hit by an oncoming car. There were no injuries and the only loss was to the cars. This person is denying all responsibility for the accident. In January 2014 I was asked to provide a witness statement by the solicitors acting for the other driver. At the time I checked the court website and found that the maximum loss of earnings would in no way cover my business losses for a day.

I approached the solicitor as told her this and said I would not be prepared to stand as a witness unless my full business losses were covered. I have an email from her stating

"I fully understand your position.

I will draft a formal statement for your signature and that you be the end of your involvement."

I then provided a statement as requested and have heard nothing since. The statement was given 6 weeks after this email was received.

On Friday I received a letter telling me I would be required to be in court as a witness on 20th October and that they would be serving a witness subpoena on me. What are my rights in this situation as I clearly told the solicitor that I would not be prepared to stand as witness without my costs being covered and have email confirmation of this. The business losses would be fairly substantial to myself (between £350 and £400) and I feel that the solicitor has gone against her written agreement.

Ian

[Johnboy007]

Re: Witness Subpoena

Hi,
Unfortunately, you must attend court, or risk a contempt of court charge.
You should attend with the email evidence, and still put in a claim for your actual losses for the time spent in court.
The judge may very well order the solicitor/client to pay your costs, based on that evidence, but I am not guaranteeing it.
You must be able to prove actual losses, and not just guesswork losses.
Good luck.

[biondani]

Re: Witness Subpoena

I have given the solicitor a copy of my contract which has the daily rate written on it so I have evidence

[righty]

Re: Witness Subpoena

If the solicitor were to pay you above the recognised amount the defence could accuse them of paying you to give evidence favourable to their client. It will be best if you ask the court to make an order that you be reimbursed in full

[biondani]

Re: Witness Subpoena

If the solicitor were to pay you above the recognised amount the defence could accuse them of paying you to give evidence favourable to their client. It will be best if you ask the court to make an order that you be reimbursed in full

How do I go about doing this as it does seem the best thing to do?

[righty]

Re: Witness Subpoena

Ask the solicitor who got you there to make the application

[biondani]

Re: Witness Subpoena

Ask the solicitor who got you there to make the application

Thank you. I will get onto this and ask them to make the application

[des8]

Re: Witness Subpoena

Do you know which side requested you to be served a witness summons by the court?
It may be that the defendants wish to question you about your statement, and it may be that the solicitor with whom you are in contact had nothing to do with the summons.
In which case I don't see their undertaking having any value.

As the Costs regulations state, the purpose of the financial loss allowance is to provide compensation and to relieve hardship as a result of discharging a public duty in attending court to give evidence. It is not intended necessarily to reimburse the witness for all his losses, and quite frankly IMO the court will take a dim view of you arguing for more.

If it is "your" side asking for your attendance your best option is to take it up with them. The solicitor might be able to cover your costs under "disbursements" in his final bill to his client.

[biondani]

Re: Witness Subpoena

Do you know which side requested you to be served a witness summons by the court?
It may be that the defendants wish to question you about your statement, and it may be that the solicitor with whom you are in contact had nothing to do with the summons.
In which case I don't see their undertaking having any value.

As the Costs regulations state, the purpose of the financial loss allowance is to provide compensation and to relieve hardship as a result of discharging a public duty in attending court to give evidence. It is not intended necessarily to reimburse the witness for all his losses, and quite frankly IMO the court will take a dim view of you arguing for more.

If it is "your" side asking for your attendance your best option is to take it up with them. The solicitor might be able to cover your costs under "disbursements" in his final bill to his client.

It is "my" side that is serving a witness summons as they are saying my evidence is crucial to their case. Quite how it can be crucial as the right of way is quite clear when someone is entering a road from a car park exit is beyond me, the driver already on the road has the right of way.

I have tried taking it up with the solicitors but they are just stating that I can only claim up to the maximum for a self-employed person (I am a Limited company not self-employed though). The solicitor sent me a letter, second class, which arrived on friday and now gone on holiday (holiday started on friday) until 7 days before the case is heard so I cannot even deal directly with the person dealing with the case.

I don't see how I can be called up as a witness against my will when I have always said that I cannot afford for my business to be affected by this case and if it was then I would not be prepared to give a statement. The solicitor has basically lied to me to get my statement.

[des8]

Re: Witness Subpoena

You can be called as a witness , because the actual order comes from the court, and to ignore the order is contempt of court. Risky.

I'm surprised "your" solicitor has ordered your unwilling attendance, as this could make you a hostile witness.

After all, the "offending" vehicle was two cars in front of you so how much did you really see and how much was it surmise.
Wasn't the driver who was in front of you in a better position to see what happened?
Wasn't your view blocked by the vehicle in front?
The other side are going to enjoy cross examining you and you might be persuaded that you might have been mistaken in some respects .

A witness statement can't be cross questioned and stands. A witness can be questioned and doubt can be thrown onto his statement. Make that witness hostile and.................

[Johnboy007]

Re: Witness Subpoena

Des is absolutely correct in that should you not attend, you are in contempt of court and could face a hefty fine, or even imprisonment.
Right of way in this case, is paramount to the case, and is why you are required to give evidence.
My eldest daughter is a driving instructor and she agrees, that you should not emerge into a road/traffic, unless it is safe to do so. Obviously in this case, it wasn't.
Just stick to what you actually saw, and do not stray from your story, or try to make it too technical.
:juge:

[vanman]

Re: Witness Subpoena

It is "my" side that is serving a witness summons as they are saying my evidence is crucial to their case. Quite how it can be crucial as the right of way is quite clear when someone is entering a road from a car park exit is beyond me, the driver already on the road has the right of way.

I would think it was because its down to
driver :car: 1 word

Against driver :car: 2s word

And what you witnessed would decide who was at fault

[stevemLS]

Re: Witness Subpoena

In general terms, anyone who gives a witness statement is liable to be called by either party to give oral evidence and a party cannot produce a witness statement without the other side having the opportunity to test that evidence.

It is regarded as a civic duty to accord assistance to any court by way of giving evidence. I have never heard of any witness attempting to impose conditions, particularly financial, on their attendance (other than expert witnesses of course).

[MissFM]

Re: Witness Subpoena

Hi biondani

Even if you were, for example, a banker raking in (at a conservative estimate) £5K for a short working day you would be required by law to attend as a witness when subpoenaed and your compensation would be limited to the maximum prescribed (which, btw, to some would seem generous). Harsh though it sounds, it's your civic duty and you have to do it unless you want to be penalized as outlined above.

As suggested by others, you could possibly try to recoup costs through the solicitor after the event :tinysmile_hmm_t2:

I am intrigued, though, as normally prangs do not result in any significant legal action unless someone was injured - was that the case here? :confused2:

[MissFM]

Re: Witness Subpoena

Crossed with stevemLS :wub: