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Do I need to attend court even though I've left the job it relates to?

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  • Do I need to attend court even though I've left the job it relates to?

    The company I work for received a personal injury claim some time ago relating to a member of staff that I managed. There seems to be a chance the claim will go to court sometime next spring and my employer decided I should be available for any potential court case as I have the most background knowledge of the incident and was the manager at the time the incident occurred (although it wasn't my fault, the company has said I wasn't to blame and I wasn't on site that day). However, I will be leaving the company at the end of the month. If the claim does end up going to court can I be compelled to go? I really don't want to and in all honesty I think the member of staff involved was probably negligent in his actions and the claimant has a good case. What should I do if the company asks me to go?
    Tags: None

  • #2
    Hi SPF91

    What you could do is tell them you are willing to provide a Witness Statement, but are reluctant to attend court as you weren't there on the actual day of the incident.

    I'm sure other members will advise.

    des8 Can you take a look and advise. Many thanks.

    Comment


    • #3
      Hi, you can refuse to be a witness and you cannot be compelled to attend.

      If you give a written witness statement but decline to attend court, the statement may be admitted as hearsay evidence

      Comment


      • #4
        In the criminal court a witness can be summoned. I assume it is different in this type of case?

        Comment


        • #5
          Wasn't quite accurate in above post as under CPR34 either party can apply for a summons to be issued, but this generally leads to having a hostile witness so can have unintended consequences.
          A summons can be resisted..

          Comment


          • #6
            Yes indeed I have seen quite a few hostile witnesses!

            Comment

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