When you have to make a witness statement for court, you can avoid slip-ups



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When you have to make a witness statement for court

assessing motives for lying: Courts know that witnesses can regularly lie. This does not mean that all of the evidence of the witness is discarded or discounted. Court is likely to take into account and/or assess (EPI Environmental Technologies Inc -v- Symphony Plastic Technologies PLC [2004] EWHC 2945):

    1. whether the witness has lied in respect of a particular part of the case or all of the evidence given

    2. it may be that the entire case is a lie

    3. witnesses may lie in "a stupid attempt" to bolster a case.

  1. cross-examination: Witnesses must be challenged with the other side's case the other side disagrees with the evidence given.
    This involves putting the case positively, such as "you knew that the traffic light was red, and not green as you say here, don’t you?". Questions like this are an ordinary part of cross-examination. The court is testing your version of events.
    First it gives you the opportunity to deal with an opposing view or inconsistency.
    It gives the judge an opportunity to assess your performance on critical issues in dispute, and your demeanour and in the overall context of the litigation.

For these reasons, if your view is inconsistent or at odds with documents before the court, you are likely to be asked questions about it.

This is probably the most important part of cross-examination.

The more serious or outlandish the allegation, the better the evidence needs to be. Trivial or inconsequential statements in evidence are less likely to require documentary support.

If a fact or event is in issue (ie the parties disagree), documentation is likely to be essential. Then documentation created at the time of the event is almost invariably more valuable than documentation created after the event.

Template Downloads:

Make sure you check out this to make sure you have got it right here before you sign off on the statement.
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