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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, If a Solicitor knows that a witness statement has been

Resolved Question:

Hi,
If a Solicitor knows that a witness statement has been retracted in an industrial tribunal claim before the date of the exchange of witness statements. Is he doing anything wrong by still including those statements in the exchange.
Thanks
Derek
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Why was it retracted? Was it replaced with a new statement?

Customer:

No When the respondent saw the strength of our evidence they asked two people to lie to make their evidence stronger. They both refused and one was dismissed and the other a volunteer asked to leave. They wrote to the respondents solicitor retracting their statements( I have copies ) but they were still sent to us, and although it's been settled, had we not seen their statements we may have pushed for a higher settlement.

Ben Jones :

their actions could amount to negligence if they did not follow their client's instructions and did things which they were not instructed to do. However in these circumstances the party which could claim from them is their client as it is their instructions which were not followed and only they can then claim for the negligence if they have suffered losses as a result.

Customer:

On the contrary Ben I believe they did follow their clients instructions even though they knew the statements had been retracted, so we are the ones who have a. been misled and b. possibly suffered financial loss. I would have thought their action was at best unethical at worst illegal.

Ben Jones :

I see, let me check something on this, I may not be able to respond now though as the resource I need is down but will respond asap

Customer:

thank you

Ben Jones :

I have looked into your query in more detail but do not think I have the more detailed answer to your question as have been unable to find the relevant information. I will therefore opt out and let other experts take this further if they can. Someone should respond if they can deal with this. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** 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.

Generally in civil litigation the rule is that you can only use statements in the proceedings they relate to.

Therefore you can't use them in other proceedings or disclose them to a third party.

Sadly therefore you can only disclose or use them in ET proceedings and not any other proceedings

Can I clarify anything for you about this today please?

Alex
Customer: replied 3 years ago.

Alex.
Thanks for your reply but it hasn't addressed the question which was in basic terms
Is it wrong for a solicitor to exchange a witness statement when he knows that witness statement has been retracted.
Thanks
Derek
Expert:  Ash replied 3 years ago.
Derek - no.

He should tell the other side. However he has a duty to disclose all documents that assist or undermine the case.

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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