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Scotland witness statements - civil (personal injury)

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  • Scotland witness statements - civil (personal injury)

    Are witnesses to harassment and bullying in Scotland approached for a written account (signed by the witness) prior to court or do they attend court in person to give their account?

    Can the Ministry of Defence deny a servicing soldier from giving a witness statement when one is requested?

    How is witness statements obtained; forms sent in the post recorded delivery, issued via court (citation) ?

    Should witness names be detailed on a writ?

    Scottish law.
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  • #2
    Personal Injury actions in Scotland are typically governed by the Ordinary Cause Rules 1993, Chapter 9A for Documents and Witnesses.

    The witness shall be issued a citation, typically by Sheriff Officer. Witness names do not need to be detailed on the writ, as not all witnesses may be known at the time of service.

    Regards your question about the MoD; anecdotally they have been difficult in the past when it comes to civil procedure. Is the soldier serving in the UK or abroad? If outside of Scotland, that shall present its own issues.


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