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Hello my name is ***** ***** I will help you with this.
For now please let me know whether the other side have proposed to call him as a witness?
No. They have not. They do not want him to appear as it will cause all sorts of problems for them. He is a hostile witness for me. I will have to serve a summons on him
Does he undermine their case?
What have they disclosed in relation to this
In their Defence papers, they claim he destroyed notes he took while interviewing me. I can show that he didn't actually take any notes. So they are lying on their Defence, which is obviously signed under oath.
I really just wish to know about he directions
Sorry - the directions. Can I call him to cross examine him?
Yes - but how do you know he didnt take notes?
Alex. I know because I was there and I filmed him.
Apart from that - there was someone else in the room who will sign a statement to corroborate my claim
He claimed he took notes about what I was saying
So - how do I call him in regard to the Directions saying no oral evidence?
Ok - so if you filmed it and you show that as evidence, do you need him there?
I wonder if it is possible to answer my questions as stated in the question section.
It is a complicated matter. I do not wish to produce the film as I want him to lie under oath
Ok - let me go through them for you:
He is an Inspector and I want to report him once this civil matter is over
How can I abide by the directions given if I have to serve witness statements? - He is not your witness. You can't get a witness statement as he is not on your side. You only need to give a statement yourself or others supporting you
Am I even therefore able to summon this witness to Court? - No. You can make an application to Court that he attends but you can't summons him as he has not given a statement
do I need to seek permission from the Court for this and how do I do this? - See above. You need to make a formal application that he attends for cross examination
They have a duty under the CPR to disclose all documents that assist and SUBSTANTIALLY UNDERMINE their case.
This is disclosure. If they do not then you can make an application to Court for specific disclosure
Can I clarify anything for you about this today please?
Well the problem is I cant ask for disclosure of something that doesn't exist. He claims to have destroyed notes, so I cant ask for these. They have a specific policy regarding destruction of information, but they have refused to supply me with how he claimed to have destroyed the notes in line with these procedures.
All that I have left is to cross examine him under oath
But you have a video. You can seek permission to have that disclosed in Court.
That will undermine the other side and what they have to say
I do not want to use this in the civil case. I want him to incriminate himself. The minute I disclose the video they will try and settle
I want to expose this man
You need to make an application that he attend for cross examination
Do this on Form N244
Can I do this without a firm trial date?
Yes. You should do it now.
The other side may well object
What will happen then?
The matter will be dealt with at an application hearing and the Judge will decide.
Many thanks Alex - you have been most helpful. May I just ask one final question?
an application to attend for cross examination - is that different to a witness summons?
You can only summons who has given a statement. There is no statement yet
Therefore you need to ask the Court that they order that this witness attend for cross examination
Thank you. So I can still make this application and be abiding by the Directions?
Yes that is correct.
Can I clarify anything else for you?
No. Thank you once again.
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