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Witness - Yes or No?

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  • Witness - Yes or No?

    Hello everybody,

    As part of an ongoing small claims case, I received the court order to submit my witness statement as a claimant. The subject of the claim is a bicycle theft, for which the defendant has already accepted liability. However, we cannot agree on the amount which has to be compensated, which is why the case ultimately ended up in court.

    Now my question: The court order mentions that I should also ask all witnesses to provide witness statements. However, the only witness to my case was a security guard that saw the theft - he would not be in the position to give an opinion about the amount that I should be compensated.

    This being said and in light of the fact that the witness would not actually be connected to the disagreement between me and the defendant, would it still make sense to ask the witness for a witness statement or would it be a pure waste of time?

    Thanks a lot for your help in advance and happy weekend!

  • #2
    You, yourself, are a witness. You must make a witness statement, referring to and exhibiting (attaching) any documentary evidence you have. As the the defendant has admitted liability, your first sentence should say that. That leaves the value of the loss resulting from the removal of it from your possession.
    Heads of claim might be.
    Capital cost of replacement of bicycle.
    Amenity loss - using the bike for e.g. commuting, shopping, recreation and the like.
    Any other associated loss.

    (You must show that you have taken reasonable steps to minimise your loss)

    You might wish to delete any duplicate threads.

    Comment


    • #3
      Thanks a lot EFPOM! I have incorporated the heads of claims (are there any other common ones for small claims?) and the mitigation of loss.
      I understand that I should highlight my attempts to resolve the issue as well as what I am expecting to get from the defendant.

      Am I missing anything else?

      Many thanks!

      Comment

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