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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46155
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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FAO Ben JonesHi, please could you respond to the previous

Resolved Question:

FAO Ben JonesHi, please could you respond to the previous reply from my previous thread, many thanks
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, sorry I only saw this after I posted my message on the last question so you can ignore that and I will continue here.

It is correct that it is generally a bad idea to force a reluctant witness to attend because they could end up damaging your case.

If you try and force a witness to attend under a witness order will be treated as your witness and as such you can only ask them non-leading questions - you will not be able to cross-examine them.

As you are trying to cross-examine that witness you have the following options available to you:

· Asking the other party if they are proposing to call that witness. If they are not, the only option will be to seek a witness order

· If you force them to attend under a witness order, and they fail to give the evidence expected of them, you can apply to the tribunal to treat them as a "hostile" witness. If such an application is granted, the witness can be cross-examined with a view to obtaining the evidence you require.

So these are the only available options in the circumstances.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 10 months ago.
Thank you,how do I stop the judge refusing the witness order on the grounds I cannot cross examine them, the respondent has said it will provide a witness for cross examination but it has not provided any.
Customer: replied 10 months ago.
As the respondent have said they will provide a witness can I ask the court to make an order for them to provide one?
Expert:  Ben Jones replied 10 months ago.

No, you cannot force the other side to provide a witness if they do not want to - they decide who to call and whether to call anyone at all. So you cannot force a witness to appear for the other side, you can only make an application for a witness to appear for you. Also when you make an application you can prevent a judge from refusing it - all you can do is make the application and the reasons for calling the witness but you can never guarantee that such an order will be granted

Customer: replied 10 months ago.
Thank you, ***** ***** cant cross examine do I just ask neutral questions, what is your company policy, etc, why did you do a particular act and do I tell the judge in my application that I don't intend to cross examine the witness but apply to the tribunal at the hearing to cross examine him as a hostile. How would I word the application,I am happy to pay another fee for a more detailed response.Thank you
Expert:  Ben Jones replied 10 months ago.

yes they need to be non-leading questions, so nothing that would try and direct the to a specific answer. So basically open questions where they choose the answer freely. You would not know if someone is hostile witness until they have provided their evidence, only then you can consider making such an application. Can't really give you specific for wording the application unfortunately as it would depend on the individual circumstances and you are not expected to be overly legal with it anyway as you are not qualified legally and they know that, so you basically need to say why you believe they are hostile (i.e. not providing the necessary evidence) and that you seek permission for you to cross examine them instead

Customer: replied 10 months ago.
Thank you, ***** ***** you make an application at the hearing itself to cross examine them as a hostile witness
Expert:  Ben Jones replied 10 months ago.

you have two options - the witness should provide their evidence in writing fist in the form of a witness statement - you can then see if they are going to be hostile and make the application before the hearing. The other is to wait until the hearing and see what happens there, then you can make the application following the hearing but that would then require a new hearing and a new order to be called in so the first one is much safer.

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46155
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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