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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I have an ongoing court case against one of the big banks,

Resolved Question:

I have an ongoing court case against one of the big banks, today I have received their witness statement and it is written by a person who I have never had any dealings with, never heard of , and who has never been involved in the dispute, it states that under civil procedures rules act of 1995 that the bank are notifying the court that he will not be attending court as he works for their branch in India and that his evidence is based purely on contemperaneous documents and nothing more...my question is, how can their main witness not attend court and give my barrister the chance to cross exam him, when I will be attending and obviously will be cross examined by their barrister...surely this isn`t fair or right? Am I able to object to this does anyone know? I should state that at the momnt I am acting for myself due to finances, but I will be having the services of a Barrister at the Trial, thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What track has the matter been allocated to? ie small, fast or multi? What is the value of the claim please?

Customer:

Hi Alex, The value of the claim is £59,500.00, so I have a considerable amount to lose :/ I think it is Multi track...we are currently going trhough the process of swapping statements, we have already done standard disclosure and after statements are swapped, we then have to submit pre-trial checklists and the case is likely to be heard between December and February, depending on when a days space can be fitted in...hope this helps? Thank you .

Alex Watts : Thanks. The other side are entitled to serve evidence even if that party is not to attend.
Alex Watts : However the weight a court will attach will be very little or none because you can't cross examine them
Alex Watts : The rules allow for a statement to be served and that person not attend but the court is likely to disregard that evdience
Alex Watts : Can I clairfy anything for you about this today please?
Customer:

Thank you for that Alex, this witness has used bank documentation in his evidence, compiled by people he doesnt know and has never met and is stating he believes it to be true, but I can disprove much of it , using the banks own copy documentation that I have from 13 years ago which they no longer hold...the fact it is bank documentation shouldn`t mean it should be believed surely, especially when I can prove the bank employees were lying , obviously to safeguard their jobs and I understand that, but it doesn`t mean it is right or fair ? Thank you so much for your help.

Customer:

What I meant to ask, was can I object to this statement being used and them not providing a witness that I can cross examine when it is so important as my home is at stake here?

Alex Watts : You can object but they are allowed to do it.
Alex Watts : But a judge won't attach any weight to the statement
Alex Watts : Does that help?
Customer:

Thank you Alex, yes it does :-) xx

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