Can you ignore a county court witness summons?

Can you ignore a county court witness summons?

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Discussion

Black_S3

2,682 posts

189 months

Thursday 21st April 2016
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bmw535i said:
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.
Slightly off topic, but it is mad that a stay at home mum has the same expense limit as a working person... Not surprising though I guess.

XCP

16,933 posts

229 months

Thursday 21st April 2016
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George111 said:
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" ?
I can see the point of claiming for additional expense. However I pay for my food whether I eat at home or elsewhere, so that is not so much of an issue as far as I am concerned

Boosted LS1

21,188 posts

261 months

Thursday 21st April 2016
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bmw535i said:
Are you not in contempt of court if you don't attend?

Can a warrant be issued to force attendance? There must be a system in place I'd have thought.
Yes there is but only if proper service has been carried out ie, the summons plus 'conduct money' which is basically the bus fare to attend and get home.

A summons in the post isn't good enough. Personal service plus conduct money means you have to attend unless your sick.

George111

6,930 posts

252 months

Friday 22nd April 2016
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XCP said:
George111 said:
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" ?
I can see the point of claiming for additional expense. However I pay for my food whether I eat at home or elsewhere, so that is not so much of an issue as far as I am concerned
When they pay 45p/mile as a minimum and reimburse full cost of lost earnings and all expenses then they might find people more willing to participate - until then the unemployed will be their target segment, oh, and ex police officers who think they're doing us all a favour . . . as usual !

over_the_hill

3,189 posts

247 months

Friday 22nd April 2016
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TooMany2cvs said:
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.
But that wouldn't allow you to be cross-examined.
Judges will often discount witness statements if the witness is not present to be cross examined.

XCP

16,933 posts

229 months

Friday 22nd April 2016
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George111 said:
When they pay 45p/mile as a minimum and reimburse full cost of lost earnings and all expenses then they might find people more willing to participate - until then the unemployed will be their target segment, oh, and ex police officers who think they're doing us all a favour . . . as usual !
The civil courts have a 'target segment' of witnesses? Nonsense. And I still don't see why anyone else should pay for your lunchbox. As an aside I am not sure what the reference to 'ex police officers' is about. Care to explain that one?

paintman

7,692 posts

191 months

Friday 22nd April 2016
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I rather think someone doesn't know the difference between 'witness' and 'juror'.

George111

6,930 posts

252 months

Friday 22nd April 2016
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XCP said:
George111 said:
When they pay 45p/mile as a minimum and reimburse full cost of lost earnings and all expenses then they might find people more willing to participate - until then the unemployed will be their target segment, oh, and ex police officers who think they're doing us all a favour . . . as usual !
The civil courts have a 'target segment' of witnesses? Nonsense. And I still don't see why anyone else should pay for your lunchbox. As an aside I am not sure what the reference to 'ex police officers' is about. Care to explain that one?
Will you pay my parking when I go away ? How about my hotel ? No, thought not.

XCP

16,933 posts

229 months

Friday 22nd April 2016
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Parking and hotels are an additional expense. And should be reimbursed. Where have I suggested otherwise?

tannhauser

1,773 posts

216 months

Saturday 23rd April 2016
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bmw535i said:
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
Pathetic. This doesn't seem any different to when I was called as an expert witness in 2009 - and it was crap then.

anonymous-user

55 months

Saturday 23rd April 2016
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tannhauser said:
Pathetic. This doesn't seem any different to when I was called as an expert witness in 2009 - and it was crap then.
Indeed. I'd imagine most judges earn at least £67 per half hour. You should really be able to invoice the court your exact losses.

vanordinaire

3,701 posts

163 months

Saturday 23rd April 2016
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I was sent a witness summons last year to a court 20 miles from my home address. Unfortunately I had a holiday already booked for the court date. I replied asking if I could claim flights and taxi fares to and from my 'temporary' address in France to the court and food and accommodation for the nights immediately before and after the court date. I received a reply informing me that I was no longer required to attend.

INWB

896 posts

108 months

Saturday 23rd April 2016
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I witnessed an accident involving a car and motorbike. I went down to give the car driver my details as the bike was clearly at fault.

Anyway I agreed to do a witness statement and a guy came to my office. This was on one strict condition that I was not to be called as a witness in court.

To cut a long story short the case turned nasty and the solicitors for the car drivers solicitors started harassing me until they totally ignored me and called me as a witness to the court case. They then sent me £30 to \'cover expenses". I phoned the lead solicitor and told him exactly what I thought of his company and his practices. I then told him that unless he withdrew I would be charging my hourly rate plus expenses not only the appearance as a witness but also any time I spent dealing with his crap. He said my costs were unreasonable until I pointed out that in my line of work I am considered great value. He finally relented after I told him exactly what I would say in the witness box if he was stupid enough to continue.

The cheeky sod then asked me to return the cheque. I told him to come and get it.

Some solicitors are utter pricks who think they are important. Some deserve a good slap.

It is up to you if you want to be a witness. For me I refused because it was too much like hard work and if the judge was so stupid to rule in favour of the motorcyclist then frankly the justice system is screwed enough without my input. It was also just insurance companies arguing with each other (and the dumb motorcyclist trying to fleece the system). Stuff that.




Boosted LS1

21,188 posts

261 months

Saturday 23rd April 2016
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Once you give a witness statement you can be summonsed. If you get a summons you could inform the party that needs you of your charges beforehand. If they won't send you a cheque to cover your fee's then inform them that your memory of events is fading. A hostile witness is of no use to them.

I made a car insurance company pay me £200 up front for a court attendance. They lost but at least I'd been paid for lost earnings.

Just imagine how much the judge, barrister and solicitors are earning per hour. Your time has a value to.

scarble

5,277 posts

158 months

Sunday 24th April 2016
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Black_S3 said:
Slightly off topic, but it is mad that a stay at home mum has the same expense limit as a working person... Not surprising though I guess.
That is mad, childcare is expensive.