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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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An unsigned witness statement accusing me of abusing my mother

Customer Question

An unsigned witness statement accusing me of abusing my mother has been submitted to the court of protection by solicitors as evidence - the solicitors have said the witness were too afraid to sign however the person who did not want to sign has stated in an email to the solicitor....."I am still not comfortable to sign it. I am very sorry xx for wasting your time. And I spoke to xxl the manager and explained to her I don't want to sign it, I am very sorry"
As it has been submitted anyway and the judge will see it - what is my position re the validity of that statement as I feel they were pressurised into making it in the first instance ?
can it be accepted as evidence or can i ask for it to be disregarded
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year 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.

May I clarify if the solicitors are attempting to have the statement admitted as a witness statement or have just submitted it as hearsay evidence please?
Customer: replied 1 year ago.

They have submitted it as part of their evidence against me along with other signed statements

the witnesses all work together I have no doubt they have colluded re statements as they have the same sentences phrases I also have no doubt they have been led and coached by the solicitor

Expert:  Joshua replied 1 year ago.
Thank for the above. An unsigned witness statement has no better evidential value than hearsay evidence which is one of the lowest values of evidence there is and will frequently not be admitted or even considered by the court. However the court has wide discretion in relation to evidence and hearsay evidence is admissible subject to the Civil Evidence Act 1995. Even if a document is admitted as evidence, the court will have to determine how much weight to put on the evidence and even in the best case scenario fro the other party's pojt of view, not being able to observe and cross-examine the witness will almost inevitably mean that the evidence is given less weight than otherwis.However in this case the other partys problem is that the evidence is not just hearsay, but that the document will not be even be a witness statement, as it does not satisfy the requirements set out in the courts Practice Directions, specifically the requirement for a statement of truth. If they wish to rely on it as a document in itself, namely purporting to show what the absent witness believed, then they will have to provide evidence showing why the document should be considered as representing what the absent witness believed. If the statement has been given anonymously you may consdier asking for it to be struck out entirely as it has no evidential value even as hearsay evidenc. The courtmay take a dim view of an attempt by the solicitor to include as hearsay evidence an unsigned anonymous witness statement and a request by you for it to be struck out is likely to be well received in my view. 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
Expert:  Joshua replied 1 year ago.
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.
Expert:  Joshua replied 1 year ago.
Have I been able to help you with all your questions on the above?
Expert:  Joshua replied 1 year ago.
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. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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