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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can the contents of a witness statement made in an Employment

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Can the contents of a witness statement made in an Employment Tribunal be used in evidence at an unrelated County Court case or are the contents of the witness statement subject to some kind of privilige?

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : No.
Alex Watts : the civil procedure rules state that statements can only be used in the proceedings to which they relate and not outside that save with the parties permission.
Alex Watts : So if consent is not given, no you can not use them.
Alex Watts : Can I clarify anything for you about this today please?

So, if a statement made in a tribunal includes an admission to having "done a deed" and that admission is re-affirmed by the person when being cross-examined in the public forum of the tribunal, the other party is not able to cite that admission when making a claim for damages (unrelated to the employment matter) in the County Court. Correct?

Alex Watts :

The witness statement may not be referred to no

Alex Watts :

But if the Judge in the Tribunal makes reference to it or a finding, then that can be used

Alex Watts :

Does that clarify?


Many thanks

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