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Why are the Police taking a statement in civil proceedings?
Ok - so why is the statement being used in civil proceedings?
Ok - is it a valid statement - yes.
That is because the person signing it confirms that the contents are true to the best of their knowledge and belief.
If they were not, it should not have been signed.
That person can then be undermined in terms of credibility of what they have agreed to, turns out not to be true or inaccurate.
Can I clarify anything for you about this today please?
It could have been, but that is down to the Tribunal panel and representation received.
Does that clarify?
Correct. If her story has now changed.Does that clarify?
It does. That is exactly what I said 10.38pm.
It comes down to credibility as an issue
But then the Tribunal then decides how much weight to give that witness. It is a matter for them how much weight, if any, is attached to that evidence and the explanation given.
It could be - its a matter for the Tribunal deciding.Does that clarify?
Exactly. But that is how most disputes are resolved - a matter of discretion by the Tribunal or Court.
The Tribunal wont - that is for representation.
The Tribunal simply come to a view based on the way the witness presents themself
Not necessarily - witnesses change their mind all the time. That does not amount automatically to perjury.
Its only where they have purposely lied COULD it amount to that.
When people go to Court, one side loses, both cant be right. So does that mean one side is lying - no.
But again its for the Tribunal to decide on that
They can. But you can appeal that decision or get it reviewed by the High Court.
There is always an avenue of appeal
By Judicial Review generally, unless there is a right to appeal NMC
Can I clarify anything else for you?
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