Civil case witness?

[RogerWhit1965]

Hi everyone, i'm new here and i'm not sure if i am posting in the right area, or indeed if you can help at all...i sincerely hope so!

A person i work/worked with had an accident at work some time ago and there was a HSE investigation, witness statements were taken etc. The following 18 months were unbelievably stressful, not knowing if i would have to stand up in court, feeling like i was stuck in the middle of a colleague who i had a lot of time for and the people paying my wages.

When that was sorted it was like a HUGE weight lifted off of my shoulders and i could finally move on. While this had been going on i had numerous calls and messages from solicitors presumably to do with a personal injury claim. I never answered as although i hoped he would get as much money as possible, i really didn't want to get involved between the two parties. A few months after the criminal case concluded i received a letter from the HSE about someone requesting my statement to them under the FOI act, again presumably it would be his solicitors to do with a personal injury claim.

I accepted and the stress has been gradually building up again to the point where i am now here, in hope of some clarification. As i hadn't spoken to a solicitor, and therefore didn't agree to be a witness (in fact i wasn't actually asked by my colleague, whether or not my personal details could be given to a solicitor - but that is another issue), could/will i still be called to stand as a witness, as they presumably have my HSE statement in their possession?

I realize that a lot of claims are settled out of court, i'm just thinking about a worst case scenario, and the thought of possibly having to stand in court is actually terrifying me

Whether or not it makes a difference, the company pleaded guilty in the HSE criminal investigation . Thank you for taking the time to read my about my situation, i hope you can help!

[PAWS]

Re: Civil case witness?

I am not sure what your legal position actually is but someone else may come along soon with the right knowledge. I know courts can be terrifying but I do not think this one will be quite the ‘full Judge John Deed’. It will probably be just a handful of people in an ordinary room, in ordinary garb. No wigs, high chairs or press photographers!
You would however be required to swear that your testimony is the truth. It might be hard but if you simply turn up and tell them what you witnessed it need not be as stressful as you fear. Your employer would not punish you for telling the truth and if they did then you are working for the wrong people.
I do not mean to criticize but…..
A lot of organisations and individuals get away with pretty horrendous actions because people will not bear witness. This may be because they are intimidated or simply because they do not want to get involved. We would all avoid the hassle if we could but for me it would be a question of conscience. Even if it were a stranger and not a work mate I would always bear witness. I just think it is my civil duty.