Template

[smintram]

Is there any templates for witness statement for replying to the court when someone has applied to set aside a default judgement you have aquired against them?
Most things I have seen on here are pro defendant.

[R0b]

Hello

Witness statements are fact specific so if you are looking to oppose an application to setting aside a default judgment you just reverse what you've seen on here. For example, the basis of an opposing application might include:

1. The introductory information, such as your name, an explanation that you are making this statement opposing an application to set aside, a statement that the WS is in your own words and within your own knowledge unless otherwise stated and if there's a bundle of evidence you want to refer to then make a sentence or two about that.

2. Identify any information the defendant has omitted from their application/witness statement and insert the relevant statements that you want to rely on in opposing the application together with any evidence. The information should explain why this supports the position that a court should refuse an application to set aside (with reference to CPR 13.2 or 13.3 as applicable).

3. Conclude your statement by saying something like " I respectfully invite the court to dismiss the application to set aside the default judgment, for the reasons explained in this Witness Statement"

You are better off drafting something and putting it up on here for comment than us trying to give you a template which may or may not be appropriate for your circumstances.

[smintram]

Thank you Rob, I'm assuming therefore that the statement would just need to be a skeleton statement? I have a few exhibits to attach...Ill give it a go.

[smintram]

R0b...I've drafted this...any good? see attached

[echat11]

R0b Can you please take a look and advise, many thanks.

[smintram]

I think he may be on Holidays

[R0b]

Sorry, I have been busy recently so less focus on coming on the forum.

I will try to take a look later today but I see you have drafted the document as a skeleton argument, I think it would be more appropriate to submit a witness statement which is supposed to be used whenever you want to introduce evidence as part of proceedings, but that is your choice.

[smintram]

so, Just Change the name of the Document?

[R0b]

It's more than just a change of the document. There's a very helpful guide on preparing witness statements from Hall Ellis Solicitors I would suggest you review Preparing Witness Statements for Court: Step by Step Guide

The title of the document should also be something like "Witness Statement of [insert name]".

I think you have the correct sub-headings as a basis for your statement so that's a good starting point. You've also mentioned the Denton test is also relevant for CPR 13.3 but I think that could be better explained. Really you should be saying (as a sub-heading maybe "Relief from Sanctions") that if the court finds that there is a real prospect or there is some other good reason why the default judgment should be set aside, it is necessary for the court to CPR 3.9 and apply the tests set out in Denton v TH White since the application is also relief from sanctions for failing to file a defence. On this point you can make reference to Redbourn Group Ltd v Fairgate Development Ltd [2017] EWHC 1223 (TCC) (link here)which makes this clear.

Think about whether you can expand on some of your answers to give more detail and persuasion. I feel that when I read it, the sentences are very short and sharp which isn't a problem as such but you are trying to persuade the judge not to grant the set aside.

[smintram]

Funnily enough, I was just reading the Hall Ellis guide before reading your post I was wondering if you were referring to my answers in relation to his anticipated so called evidence. Im not sure how to expand on that. He's made up some fairy tale excuses, and I was disproving it with exhibits. I don't want to ramble or bore the judge to death, as he probably just wants a bit of meat on the bones. As far as I can see, the only evidence He's submitting is the supposed email, which never even said what he claims He hasn't submitted a draft either.

[R0b]

Judges are used to statements and skeleton arguments 25+ pages so I'm sure they are not going to be too bothered about reading a handful of pages. The problem sometimes with putting little detail is that the judge may not get the full picture or has to ask a series of questions. If you're happy with what you have drafted then stick to it.

Skeleton Arguments need to be written third person whereas Witness Statements are written first person. In either case you will still need to present a bundle of documents for evidence/support.

Also, you shouldn't be waiting for any additional witness statement or other evidence. When you submit your N244 application to set aside, you should attach at the same time a separate witness statement document or complete the box on the N244 form itself. If you have everything you need then you can submit on that basis but if he tries to produce something not contained in the application or witness statement, then you have every right to object to that.

[smintram]

R0b,or Celestine I just wanted to thank you for your help so far. It's much appreciated, by the way. I have had another go at it, and just needed to know if something might need omitted, or adjusted. Is there too many Denton references within? Is it worded ok, sub headed ok? I have a few questions about the statement of truth page, and the prep of the Exhibits, but wanted to get the statement straightened out first....I've uploaded the edited statement. Hope someone can help, as it's now officially been transferred to court ...