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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25411
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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When writing a witness statement do I refer to the: Claimant,

Customer Question

When writing a witness statement do I refer to the:
Claimant, Defendant, Court
or
claimant, defendant, court
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. The witness statement should be headed like the below which sets out the claimant and defendant. You then refer to the claimant and defendant using capitols throughout the statement so it is clear to whom you are refering. So you are quite right it is Claimant, Defendant and Court. Statement made on behalf of the ClaimantStatement of [Your Name][First] Statement[DATE] IN THE [Place] County CourtClaim No. [Number] BETWEEN:JOE BLOGGSClaimant- and -JIM MAJORDefendant I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.

Thanks that's great.

The application has the 2 defendants on the N244A form front page. Issued by the court. With regards ***** ***** application form bit completed by the defendant he has just inserted his name ie 1st Defendant. It is he who wants to distance himself from the 2nd Defendant (Limited company of which he is the principal Director). As the court front page has the two defendants listed I am constructing the Witness Statement with the two defendants listed at the top. Is that correct?

Pete

Expert:  Joshua replied 2 years ago.
Yes exactly right - you can keep the above format, but just add "1st Defendant" under one name and then add another name and add "2nd Defedant" under that then just referring to them as 1st and 2nd Defendant throughout the statement as appropriate. I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
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Customer: replied 2 years ago.

Finally number witness statement form page 1 and continue through all of the exhibits sequentially ie page 1 to page X being the end page of last exhibit?

Also going to present in 4 hole ring binder with dividers. Is this acceptable?

Also going to yellow highlight the parts I am referring to is this OK or should it be underlined in Red or something?

Expert:  Joshua replied 2 years ago.
Yes - number the paragraphs and label any exhibits you refer to. Dividers are not necessary but you can use them if you wish. The key is to make it succinct and quick for the judge to read and cross refer. Judges have lots to read and if you don't make it easy for them there is a danger some of your evidence may get lost in the "noise".
Customer: replied 2 years ago.

So highlighting in yellow certain paragraphs to direct the judge is OK?

Also not sure if I explained myself is the Witness statement labelled 'pages 1 to 4' and then subsequent Exhibits labelled

Exhibit 1 Pages 1 to 3

Exhibit 2 Pages 1 to 2

or is the whole lot Witness State and Exhibit labelled Page 1 through to page 9. ie includes all the pages (the whole documents)?

Pete

Expert:  Joshua replied 2 years ago.
That is not accepted practice.
Customer: replied 2 years ago.

Sorry I have not understood.

What is the accepted practice / numbering convention for the WS and Exhibits?

Peter

Expert:  Joshua replied 2 years ago.
Sorry - using yellow highlighting is not accepted practice.
Customer: replied 2 years ago.

OK so how do you draw the reader to where the salient bits are?

Expert:  Joshua replied 2 years ago.
Strictly speaking you should aim to only include points which are directly relevant to your evidence. Inclusion of irrelevant points will not assist as it will frustrate the judge and may make it more likely that relevant points are missed. However of course you are right that even given this certain points are liely to be more important than others. You can embolden paragraphs you consider to be particularly relevant so they stand out.
Customer: replied 2 years ago.

Sorry for not making myself clear. I am talking about Exhibits. Just say an exhibit is 2 pages of text and the bit I want the judge to focus on is a couple of Lines within that 2 pages of dense text. How do I go about 'highlighting' the salient bit in the Exhibit that I have referred to from within my Witness Statement?

Expert:  Joshua replied 2 years ago.
Thank you for the clarification. Yes that is quite normal to highlight relevant parts of exhibits. Apologies for the misunderstanding.
Customer: replied 2 years ago.

Is there a convention. Yellow Highlighter or underlined in red and /or a marker in the margin or something. Or is it whatever I think is appropriate, just want to do what is normally the accepted practice.

Thanks

Expert:  Joshua replied 2 years ago.
Not that I am aware of. Use of a highlighter to highlight relevant passages of an exhibit however expedient I think is fine
Customer: replied 2 years ago.

finally


Is the Witness statement labelled 'pages 1 to 4' and then subsequent Exhibits labelled



Exhibit 1 Pages 1 to 3


Exhibit 2 Pages 1 to 2



or is the whole lot Witness State and Exhibit labelled Page 1 through to page 9. ie includes all the pages (the whole documents)?

Expert:  Joshua replied 2 years ago.
Practice direction 32 (4.3) sets out how to label exhibits:http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32#11.1
Customer: replied 2 years ago.

Really useful, many thanks.

Expert:  Joshua replied 2 years ago.
No problem