How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

This is a question about Directions. I am involved in a civil

Resolved Question:

This is a question about Directions. I am involved in a civil claim as the Claimant. The Judges directions include the following;
By 4pm on the 19th March 2015 both parties must serve on each other copies of the signed statements of themselves and of all witnesses on whom they intend to rely and all notices relating to evidence, including Civil Evidence Act notices.
Oral evidence will not be permitted at trial from a witness whose statement has not been served in accordance with this order or has been served late, except with permission form the Court
One of the Defendants employees has lied about events which took place. I have irrefutable evidence to prove that he lied. I want to call him as a witness in my trial. He has ignored all my correspondence to this effect (obviously). The court has told me that I can only serve a witness summons on him when we have a firm trial date. At this point, we only have a trial window.
These are my questions;
How can I abide by the directions given if I have to serve witness statements?
Obviously this man is unwilling to give me a statement and I am unable to serve a witness summons on him yet
It say that oral evidence from a witness can not be given. Am I even therefore able to summon this witness to Court?
If I am - do I need to seek permission from the Court for this and how do I do this?
Do I need to seek permission to question him?
I have been told that the answer lies in the CPR Rules pertaining to evidence. Could you advise?
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 :

For now please let me know whether the other side have proposed to call him as a witness?

Customer:

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

Alex Watts :

Does he undermine their case?

Customer:

Greatly

Alex Watts :

What have they disclosed in relation to this

Customer:

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.

Customer:

I really just wish to know about he directions

Customer:

Sorry - the directions. Can I call him to cross examine him?

Alex Watts :

Yes - but how do you know he didnt take notes?

Customer:

Alex. I know because I was there and I filmed him.

Customer:

Apart from that - there was someone else in the room who will sign a statement to corroborate my claim

Customer:

He claimed he took notes about what I was saying

Customer:

So - how do I call him in regard to the Directions saying no oral evidence?

Alex Watts :

Ok - so if you filmed it and you show that as evidence, do you need him there?

Customer:

I wonder if it is possible to answer my questions as stated in the question section.

Customer:

It is a complicated matter. I do not wish to produce the film as I want him to lie under oath

Alex Watts :

Ok - let me go through them for you:

Customer:

He is an Inspector and I want to report him once this civil matter is over

Alex Watts :

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

Alex Watts :

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

Alex Watts :

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

Alex Watts :

They have a duty under the CPR to disclose all documents that assist and SUBSTANTIALLY UNDERMINE their case.

Alex Watts :

This is disclosure. If they do not then you can make an application to Court for specific disclosure

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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.

Customer:

All that I have left is to cross examine him under oath

Alex Watts :

But you have a video. You can seek permission to have that disclosed in Court.

Alex Watts :

That will undermine the other side and what they have to say

Customer:

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

Customer:

I want to expose this man

Alex Watts :

You need to make an application that he attend for cross examination

Alex Watts :

Do this on Form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Customer:

Can I do this without a firm trial date?

Alex Watts :

Yes. You should do it now.

Alex Watts :

The other side may well object

Customer:

What will happen then?

Alex Watts :

The matter will be dealt with at an application hearing and the Judge will decide.

Customer:

Many thanks Alex - you have been most helpful. May I just ask one final question?

Customer:

an application to attend for cross examination - is that different to a witness summons?

Alex Watts :

You can only summons who has given a statement. There is no statement yet

Alex Watts :

Therefore you need to ask the Court that they order that this witness attend for cross examination

Customer:

Thank you. So I can still make this application and be abiding by the Directions?

Alex Watts :

Yes that is correct.

Alex Watts :

Can I clarify anything else for you?

Customer:

No. Thank you once again.

Alex Watts :

Great. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice