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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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I do apologise this is an ongoing advice Ive been receiving

Customer Question

I do apologise this is an ongoing advice I`ve been receiving from you re: a claim against myself for a dress that did not fit.
I am Deborah Camp-Simpson and this was in May/June.
My problem being my witness,the shop assistant,in her statement,posted to the claimant before I could read it, did not put that the dress ordered still not fit properly BUT put it was too tight over the hips.Her husband was dictated to over the phone,Moira Stewart,the one dictating ,was very upset as her mother was very ill suddenly and was not concentrating.
Thus I am now stymied as the whole reason i did not take the dress ordered was because the Size 16 made me look a frump as was too large.Is my witness allowed under these extenuating circumstances to change her statement.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

She can change a statement as any witness can. She can give evidence on oath.

However, the fact of the change will be a cross examination point and you cannot stop the other side doing that. There's no way around that the fact that they will be aware and entitled to use the change in evidence.

Its really as simple as that. You are free to call her and she can explain if anything is wrong. Be prepared for the other side to use it though.

Hope this helps. Please let me know if you need more information.

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