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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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I am in a Tribunal hearing on wednesday and a witness statement

Resolved Question:

I am in a Tribunal hearing on wednesday and a witness statement for the respondents has a statement that i know for a fact is totally misleading and untrue. I am awaiting back today written confirmation that this statement is untrue from a government body.
My question is I know I am not meant to bring any more evidence to the table as bundles have been done and agreed. Is there some way can i when cross examining the witness ask is this fact true and if again they state yes can I in some way show the evidence proving they are misleading the tribunal?
Thank you
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. Are you represented in the hearing?

Customer:

no

taratill :

Ok thanks, XXXXX XXXXX have the opportunity to cross examine the witness in the manner you have suggested. You can also write to the parties to say you have evidence that supports an argument that the facts in the witness statement is wrong and ask if the document may be included in the bundle.

Customer:

Can the other side thou if I cross examine the witness and then say I have a piece of paper here proving that statement untrue can they not ask for it not to be shown?

taratill :

It is unlikely that the tribunal would not want to see such a document. It is more likely that the tribunal will ask for it to be produced.

Customer:

is it normall do it this way to cross examine and if the witness continues to tell miss truths then produce a document that has not been included in the bundle. I do have an excuse that it is not in the bundle because 1) i never knew they would use this excuse and never heard ogf this matter before and 2) I have just this minute had an email back from the goverment body confirming that the statement is total untrue?

taratill :

Yes this is not unusual at all. I would not worry about it too much and good luck with the hearing.

Customer:

Thank you. Im sure im going to have more questions before wednesday morning :)

taratill :

No problem. Please feel free to come back to me at any point. Request me by name in the question and I'll be happy to help.

taratill :

I would be grateful if you would also take the time to rate my answer.

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