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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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N181 – (F) Witnesses. For ‘witness to which facts I intend

Resolved Question:

N181 – (F) Witnesses. For ‘witness to which facts’ I intend to insert:

"All claim pre-action and post-action communication and meetings with the defendant."

Is this acceptable?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

No - this is just number of witnesses.

Alex Watts :

I assume just you for your case?

Alex Watts :

If you have any witnesses you put them here.

Alex Watts :

Can I clarify anything?

Customer:

I will be a witness for the claimant. The claimant is elderly and it has been me who has been communicating with the defendant and also I have held a pre-action meeting with the defendant.

Customer:

So under witness name obviously me.
but under 'witness to which facts' what should I write? I/the claimant has not included the supporting facts with N181 and so cannot make reference to the facts the I will be a witness to.

Alex Watts :

Then you need to put the claimant and you

Alex Watts :

That is all you need to put

Alex Watts :

Can I clarify anything for you?

Customer:

Actually thinking about it I don't think I am a witness at all. I have on behalf of the claimant created and undertaken all the communication with the defendant, which has all been focused on and failing to get the defendant to be transparent in his dealings. Apart from the fact that I was witness to a meeting where the defendant chose to discuss certain matters but chose to 'hide' details associated with this claim.

Customer:

Just read your response will insert the claimant and me, but there is another column titled 'witness to which facts' do I just leave this blank?

Alex Watts :

Just put 'all facts'

Alex Watts :

Does that help?

Customer:

So just to clarify.

Customer:

There will be some facts that the claimant is witness to, most of them in fact and a few facts that I will be witness to. Will the Judge be OK with me saying "All facts"?

Alex Watts :

Yes that is fine

Alex Watts :

Does that help?

Customer:

Thank you

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


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Customer:

Final thing. My wife as POA, she has been party to everything ... Should I include her as a witness?

Alex Watts :

No you do not need to. That does not change who is giving evidence etc

Ash and other Law Specialists are ready to help you