Can you ignore a county court witness summons?
Discussion
Don't really want to go into the specifics of the case until it's been judged on but I've received a summons to appear at the county court as a witness for a previous employer.
Reason why I don't want to appear is I'll lose a days pay or have to take it as a holiday and don't see why I should have to appear now I'm no longer employed by them when it will inconvenience my current employer.
Thoughts? I'll no doubt appear with gritted teeth just wonder what others think.
SmoothCriminal said:
Don't really want to go into the specifics of the case until it's been judged on but I've received a summons to appear at the county court as a witness for a previous employer.
Reason why I don't want to appear is I'll lose a days pay or have to take it as a holiday and don't see why I should have to appear now I'm no longer employed by them when it will inconvenience my current employer.
Thoughts? I'll no doubt appear with gritted teeth just wonder what others think.
As ever - "Do unto others".Reason why I don't want to appear is I'll lose a days pay or have to take it as a holiday and don't see why I should have to appear now I'm no longer employed by them when it will inconvenience my current employer.
Thoughts? I'll no doubt appear with gritted teeth just wonder what others think.
If you were appearing in court, and a witness couldn't be bothered to turn up because it was a mild PITA, resulting in you losing the case, would you be best chuffed?
Ordinary Witnesses
Witnesses may receive compensation for:
travelling expenses
money spent on refreshments and meals
financial loss (e.g. loss of earnings)
other expense incurred (e.g. childcare
NB: There are limits on the amounts payable:
bus and train fares (standard fare) are normally repaid in full;
travel by bicycle is paid at 20p per mile;
travel by motor vehicle is paid at a rate per mile;
a higher rate per mile may be paid if it is necessary, as opposed to just convenient, to use a private motor vehicle;
taxi fares are allowed where this was the only form of transport available or if a witness is disabled or infirm.
set limits apply to refreshments and meals;
maximum daily amounts apply to loss of earnings and other financial losses.
Witnesses may receive compensation for:
travelling expenses
money spent on refreshments and meals
financial loss (e.g. loss of earnings)
other expense incurred (e.g. childcare
NB: There are limits on the amounts payable:
bus and train fares (standard fare) are normally repaid in full;
travel by bicycle is paid at 20p per mile;
travel by motor vehicle is paid at a rate per mile;
a higher rate per mile may be paid if it is necessary, as opposed to just convenient, to use a private motor vehicle;
taxi fares are allowed where this was the only form of transport available or if a witness is disabled or infirm.
set limits apply to refreshments and meals;
maximum daily amounts apply to loss of earnings and other financial losses.
Has your current employer confirmed you need to take a day's leave? As I understand it (IANAL etc) you're called to give evidence to the court to assist their decision. Your evidence may be favourable to one side or the other, but at the end of the day your role is to help the court.
You can claim some expenses should you need to: http://www.gov.uk/going-to-court-victim-witness/ex...
You can claim some expenses should you need to: http://www.gov.uk/going-to-court-victim-witness/ex...
2. Expenses for going to court
You can claim for expenses for going to court to give evidence:
travelling expenses - the standard or 2nd class fare, or 25p per mile if you drive
meals and refreshments - £2.25 for up to 5 hours, or £4.50 for 5 to 10 hours
loss of earnings - £33.50 for up to 4 hours, or £67 for longer (£42.95 or £85.90 if you’re self-employed)
child care - £67 per day
Your employer does not have to pay you for time off work when you appear as a witness.
Find out more about witness expenses and allowances.
Ask your solicitor or a court official for an expenses form when you go to court.
You can claim for expenses for going to court to give evidence:
travelling expenses - the standard or 2nd class fare, or 25p per mile if you drive
meals and refreshments - £2.25 for up to 5 hours, or £4.50 for 5 to 10 hours
loss of earnings - £33.50 for up to 4 hours, or £67 for longer (£42.95 or £85.90 if you’re self-employed)
child care - £67 per day
Your employer does not have to pay you for time off work when you appear as a witness.
Find out more about witness expenses and allowances.
Ask your solicitor or a court official for an expenses form when you go to court.
As above they will cover pretty much all your expenses.
I was summonsed as a witness to a murder and had to attend court in London, they offered to cover pretty much every penny it would cost right down to any drinks or snacks on the way there/home. I didn't claim as my employer gave me paid leave to attend.
You shouldn't be any worse off what so ever.
I was summonsed as a witness to a murder and had to attend court in London, they offered to cover pretty much every penny it would cost right down to any drinks or snacks on the way there/home. I didn't claim as my employer gave me paid leave to attend.
You shouldn't be any worse off what so ever.
I was googling this as it came up on another forum, it seems to be the case you can ignore a request to be a witness and if you don't inform them or just don't turn up the you could be summonsed. Obviously ignoring the summons would be bad. You can also ask the court to decide on whether you need to be a witness.
all from google though.
all from google though.
http://www.inbrief.co.uk/court-proceedings/witness...
"What if the witness fails to attend Court?
If the Witness Summons has been properly served and the witness has been offered money for attending Court if the case is proceeding in the County Court and he fails to attend he will be liable to pay a fine. If it is a High Court case and he fails to attend he will be treated as being in contempt of Court and may be fined or imprisoned. A witness who fails to attend Court may also be liable to pay any wasted costs resulting from his failure to attend. A Witness Summons warns the witness of the likely consequences of failing to attend Court."
"What if the witness fails to attend Court?
If the Witness Summons has been properly served and the witness has been offered money for attending Court if the case is proceeding in the County Court and he fails to attend he will be liable to pay a fine. If it is a High Court case and he fails to attend he will be treated as being in contempt of Court and may be fined or imprisoned. A witness who fails to attend Court may also be liable to pay any wasted costs resulting from his failure to attend. A Witness Summons warns the witness of the likely consequences of failing to attend Court."
PoleDriver said:
akirk said:
the financial compensation doesn't really cover many people's costs - but it is a part of being within our society and something that should be done
This... It's called social conscience! 
It's funny HM Government only pays 25p a mile for fuel but is happy for private companies to pay 45p a mile tax free . . . admitting the true cost of 45p not 25p.
The cost of lunch . . . seriously ? It would be funny if it wasn't true and the cost of lost earnings ? Why are they hoping will turn up to be a witness . . . only unemployed people ?
I was a witness once in a motor case, both parties refusing to tell the truth. Utter waste of my time, made no difference and I lost a days pay and had to pay for my own parking and food. Never again.
XCP said:
Who normally pays for your food?
When I'm working I eat at home . . . where I work, but having to drive 4 hours to appear in court gives you an appetite and eating out costs more - minor point but you obviously get the drift. So what about the parking ? I usually park at home on my drive for free . . . why should I pay to park to give evidence so one scroat can try to get one over on another scroat ?
And why should I accept less than the cost of using my car ?
And why should I give up a lot of income so said scroat can argue billy bull*hit in court ?
SmoothCriminal said:
Thanks for the help so far I have provided them with a witness statement so I haven't washed my hands of it so to speak.
When you received the summons you should have been provided with conduct money to cover travel costs. If that wasn't given to you then you don't have to go. Your excuse being you couldn't afford to get there.Also, because you provided the witness statement they are able to issue the summons. Without a statement it's highly unlikely that you'd have been summonsed.
As for financial losses, I'd try to have the former employer pay you those up front. The County Court payments are usually underwhelming.
Edited by Boosted LS1 on Thursday 21st April 18:18
XCP said:
I don't understand why your food bill increases dependant on where you eat it. Could you not take a packed lunch? You pay for your own food at home after all ( I presume).
Pub or even sandwiches cost more than scrambled eggs or whatever I have at home. But why focus on food ? What about parking and mileage ? What about a days lost income ? Do they not matter or am I supposed to surrender those too in the name of supporting "the system" ?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff