3/18/2024 0 Comments Dismiss statement of witnessThe Tribunal may take the statements “as read” meaning they will read the statement in advance of the hearing but more often than not Tribunals will ask that each witness reads his or her statement aloud to the Tribunal.Įach witness is required to sign their statements to confirm that it is true to the best of their knowledge and belief and the duty of each witness is to tell “the truth, the whole truth and nothing but the truth”. It is therefore key that the witness statements collectively include every point of evidence that is helpful to your case, whilst being careful not to adopt a “kitchen-sink” approach which will detract from the messages delivered to the Tribunal. Aside from answering direct questions in cross-examination and examination in chief, the statement will constitute the only evidence which the witness is allowed to present to the Tribunal. The witness statements are presented to the Tribunal as that witness’ “evidence in chief” meaning the statement must cover all the evidence the witness wants to give. In addition, the number of witnesses will largely dictate the length of the hearing which has a significant impact on the cost of pursuing and defending the litigation and therefore may well impact on the desirability of settlement for both parties. You will need to decide which witnesses are key to telling the Respondent’s story and tactical decisions will have to be taken at that early state including: which parts of the evidence to focus on, whether to pre-empt the Claimant’s arguments and attempt to counter them in advance or simply focus on drawing out the strengths in your case, and who will be a strong or conversely a weak witness where there is a choice of more than one on a particular point of evidence. In addition, you will need to identify your witnesses at the Case Management Discussion (“CMD”) and give the Tribunal details of any dates that your witnesses cannot attend. The preparation for witness statements should start right at the outset of a case as availability and choice of witnesses may impact on drafting the response to the Claim. The difference between good and bad witness statements can be the difference between winning and losing a case.
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