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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi Basically a friend injured himself whilst slipping on

Customer Question

Hi

Basically a friend injured himself whilst slipping on some stairs at a venue and is suing the venue for a slight injury.

This happened around 20 months ago. Whilst I believe that my friend has a genuine claim I have made a statement to his solicitor as a witness in writing in support of my friend's and (from memory) whilst im more or less satisfied with the overall facts that I have provided, I am worried that some information that ive submitted may not be as accurate as I have written.

I was very drunk at the time and whilst I thought that Id could recall certain parts of the evening on reflection I am now questioning myself.

I wrote that I didnt see the fall myself (which is correct) however I did state that I saw him shortly afterwards - In my statement I said that I saw him on the stairs but now Im thinking that this could also have been either at the top of the stairs or in an adjacent bar area I cant truly be 100% certain. He's put it in his statement that he saw me straight after on the steps.

I have received a letter from his solicitor stating that it may go to court for a hearing next year and that my statement will be submitted to a court of law. Whilst I do feel my friend should obtain his rightful claim I dont want to do the venue or my friend any injustice by submitting a statement that personally Im not altogether happy about.

What is my best way forward from this point on please. Can I alter what I have written as above.

Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Is the statement you have signed a formal court statement with a statement of truth at the bottom. Has your statement been filed at court and served on the other side yet?

JACUSTOMER-xxzqacs7- :

Sorry I cant find your answer could you please tell me where it is.

LondonlawyerJ :

I have asked you a question so that you can give me more information. so that I can answer properly. What I asked was this.

Is the statement you have signed a formal court statement with a statement of truth at the bottom. Has your statement been filed at court and served on the other side yet?

Customer :

Hi

Customer :

I had two solicitors respond - I think that you were off line at the time i picked up the question.

Customer :

I spoke on line to Alex Watts who basically said the following;

Customer :
Alex Watts : Hello my name is ***** ***** I will try and help y.
Alex Watts : you
Alex Watts : For now please let me know what is your question
JACUSTOMER-xxzqacs7- :

Hi Alex

JACUSTOMER-xxzqacs7- :

I recently completed a witness form for a small claim for a solicitor for an minor incident that happened over 20 months ago.

JACUSTOMER-xxzqacs7- :

As far as my recollection was from the time what I wrote in the statement was correct however on the evening that the incident happened I had been out drinking with a friend for approx 7 hours and Im reluctant to swear on oath that my statement is totally true as I couldnt remember how we'd even got home when I discussed it the other day.

JACUSTOMER-xxzqacs7- :

Hi are you still there

Alex Watts :

Is it a small claim - yes?

Alex Watts :

In that case you do not need to worry.

Alex Watts :

As it is a small claim you won't be required to swear an oath. This means that there is no risk of saying you are lying

Alex Watts :

So you do not need to worry - there is simply no oath in a small claims Court

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-xxzqacs7- :

yes - a chap I know slipped on a wet stair at a music venue and cracked his rib. I didnt see the incident however from what I recollect I did pass him on the stairs shortly after. Which is what i put in my statement - Im just not 100% now

Alex Watts :

Ok - well there is no oath.

Alex Watts :

If you are asked by a Judge if you remember it, you can say what you do remember, if anything

Alex Watts :

There is no oath in a small claim

JACUSTOMER-xxzqacs7- :

Is it worth dropping a line to the solicitor stating that the fact that I had been drinking all day and that the statement that Ive given them may not be 100%

Alex Watts :

Its a small claim so you do not need to worry. Before you give evidence you will be asked to confirm whether you wish to amend anything on the statement. At that point you can say you do

JACUSTOMER-xxzqacs7- :

Thanks Alex

Alex Watts :

Is there anything else I can help with today?

JACUSTOMER-xxzqacs7- :

no just that

Customer :

To answer your question

Customer :

Is the statement you have signed a formal court statement with a statement of truth at the bottom. Has your statement been filed at court and served on the other side yet?

Customer :

- I think it was and whilst Im as sure as I can be that my statement was correct, I was out for the best part of the day and after discussing the evening with a friend I was struggling to recollect how I even got home that night. I am just a bit concerned that my statement

Customer :

sorry got cut off there . I was saying that I have signed a statement of truth and believe my recollection of incident correct. It was only after discussing the night out with a friend a week ago who said that Id had a lot to drink that day. Its put a bit doubt into my head that whilst I would stand by the facts I would be reluctant to swear on oath that it happened 100% as I have briefly outlined in my statement. I appreciate that I should have told the solicitor that I was heavily under the influence of alcohol earlier.

Customer :

The incident is just a minor claim and the fact is that I didnt see it happen (which I also claim not to in my statement), I have said that I passed him shortly after on the stairs and whilst Im pretty sure I did I cant honestly remember if it was at the top middle or bottom. Whats my best way forward ?

Expert:  Ash replied 2 years ago.
Hi my name is Alex and I am helping you again!

I assume you are just confirming what is in your statement?

Is your statement correct?

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