Obligation to provide witness evidence / statement
Discussion
I've been contacted by a legal firm asking me to provide a written statement regarding an incident that happened a few years ago.
I was witness to an incident where a gentleman was injured by his own fault. A colleague and I discovered the gentleman after he had climbed & fallen off some of our site plant, and administered First Aid before paramedics came and took him away. Turns out the injured party is pursuing my former employer for negligence, as he fell off our plant while drunk / high. He had overcome the site fencing to scale the plant, and is claiming the security was insufficient to prevent him. My former employer have asked me to provide evidence in their defence, but I have no allegiance to my former employer, and no desire to defend them in any capacity.
It is a civil case - do I have a legal obligation to provide a written statement, and furthermore to appear as a witness if required?
I was witness to an incident where a gentleman was injured by his own fault. A colleague and I discovered the gentleman after he had climbed & fallen off some of our site plant, and administered First Aid before paramedics came and took him away. Turns out the injured party is pursuing my former employer for negligence, as he fell off our plant while drunk / high. He had overcome the site fencing to scale the plant, and is claiming the security was insufficient to prevent him. My former employer have asked me to provide evidence in their defence, but I have no allegiance to my former employer, and no desire to defend them in any capacity.
It is a civil case - do I have a legal obligation to provide a written statement, and furthermore to appear as a witness if required?
IANAL.
You can be summonsed to appear, and if your (truthful) statement is integral to a party's case, I'd say there's a good chance that could happen.
The risk for the party requesting it (your ex-company) is that if they have to go down that road they can probably safely assume that you're not going to be "on their side", so if the rest of their defence is open to criticism (e.g. if you had previously said that you had pointed out how poor the site fencing was, etc) then they might think twice.
But short version - you can be compelled to appear.
You can be summonsed to appear, and if your (truthful) statement is integral to a party's case, I'd say there's a good chance that could happen.
The risk for the party requesting it (your ex-company) is that if they have to go down that road they can probably safely assume that you're not going to be "on their side", so if the rest of their defence is open to criticism (e.g. if you had previously said that you had pointed out how poor the site fencing was, etc) then they might think twice.
But short version - you can be compelled to appear.
Durzel said:
IANAL.
You can be summonsed to appear, and if your (truthful) statement is integral to a party's case, I'd say there's a good chance that could happen.
The risk for the party requesting it (your ex-company) is that if they have to go down that road they can probably safely assume that you're not going to be "on their side", so if the rest of their defence is open to criticism (e.g. if you had previously said that you had pointed out how poor the site fencing was, etc) then they might think twice.
But short version - you can be compelled to appear.
You can't be summonsed in a civil case unless you have already given a witness statement that has been disclosed in the case. You can only be summonsed once you have provided a witness statement signed by a statement of truth. If you've not already given a statement, you can just ignore them if you wish. Morally, it's down to yo what to do. You can be summonsed to appear, and if your (truthful) statement is integral to a party's case, I'd say there's a good chance that could happen.
The risk for the party requesting it (your ex-company) is that if they have to go down that road they can probably safely assume that you're not going to be "on their side", so if the rest of their defence is open to criticism (e.g. if you had previously said that you had pointed out how poor the site fencing was, etc) then they might think twice.
But short version - you can be compelled to appear.
KungFuPanda said:
Durzel said:
IANAL.
You can be summonsed to appear, and if your (truthful) statement is integral to a party's case, I'd say there's a good chance that could happen.
The risk for the party requesting it (your ex-company) is that if they have to go down that road they can probably safely assume that you're not going to be "on their side", so if the rest of their defence is open to criticism (e.g. if you had previously said that you had pointed out how poor the site fencing was, etc) then they might think twice.
But short version - you can be compelled to appear.
You can't be summonsed in a civil case unless you have already given a witness statement that has been disclosed in the case. You can only be summonsed once you have provided a witness statement signed by a statement of truth. If you've not already given a statement, you can just ignore them if you wish. Morally, it's down to yo what to do. You can be summonsed to appear, and if your (truthful) statement is integral to a party's case, I'd say there's a good chance that could happen.
The risk for the party requesting it (your ex-company) is that if they have to go down that road they can probably safely assume that you're not going to be "on their side", so if the rest of their defence is open to criticism (e.g. if you had previously said that you had pointed out how poor the site fencing was, etc) then they might think twice.
But short version - you can be compelled to appear.
Yet again, I am amazed by the ability of morons who know nothing about the law to spout off with complete certitude and equally complete wrong-headedness.
In a civil claim, a witness need not have given a statement to be summoned. Because the OP has relevant evidence to give, were a witness summons to be issued (and it issues as of right) it would not be set aside.
EW109 said:
In a civil claim, a witness need not have given a statement to be summoned. Because the OP has relevant evidence to give, were a witness summons to be issued (and it issues as of right) it would not be set aside.
Durzel said:
IANAL.
But short version - you can be compelled to appear.
These are the best answers so far. But short version - you can be compelled to appear.
The OP’s question was this:
Roderick Spode said:
It is a civil case - do I have a legal obligation to provide a written statement, and furthermore to appear as a witness if required?
To which the answer is no to the first part and it depends to the second. The OP can safely ignore all requests from the former employer to provide a written statement and decline to agree voluntarily to appear as a witness.
Should they do so, the OP’s former employer may choose then to issue a witness summons compelling the OP to attend trial to give evidence. That is enforceable by the court against the OP unless the OP sets it aside (unlikely to be possible), and should the OP fail to attend court they will be at risk of being in contempt and potentially hauled before the court against their will (having first to apologise for ignoring a court order, then having to give evidence).
Even if a witness summons is issued the OP still has no obligation to speak to their former employer prior to giving evidence at the trial, and for this reason a witness summons is a relatively risky (and thus infrequent) card for a former employer to play. The former employer will know what they want the OP to say, and will have an idea of what the OP is capable of saying, but the former employer will not know fully what the OP may also know and say which he hasn’t disclosed to his former employer, and which may damage the former employer’s case.
KungFuPanda said:
You can't be summonsed in a civil case unless you have already given a witness statement that has been disclosed in the case. You can only be summonsed once you have provided a witness statement signed by a statement of truth. If you've not already given a statement, you can just ignore them if you wish. Morally, it's down to yo what to do.
The Rules of Civil Procedure make no mention of prior statements.https://www.justice.gov.uk/courts/procedure-rules/...
Can you link to the rule about your 'can't be summonsed', I may have missed it?
HiAsAKite said:
ac.cobra said:
Why not help your previous employer,
Did you leave on bad terms.
The other guy is looking for a quick compo.
This....Did you leave on bad terms.
The other guy is looking for a quick compo.
Sounds like the guy is looking for someone else to take blame for his own irresponsibility
Reading your post, it is difficult to decipher the exact details, firstly was this incident fully recorded and were the HSE involved, what was your role in the business and were there any consequences outside of the civil claim.
I briefly worked in the Risk Department of a national Builder in the late 80's and even then it would have been done to death, you have someone who's accessed a site (questions raised over security and safety), you have access to equipment and an injury.
There must be chapter and verse somewhere, if you made a statement and you want to give evidence, ask for the statement to review and say you can't add more than that.
If no records were made, your position and involvement will really be determined by where you sat in the chain, If you were the Construction director, the bar is set higher than if you made the tea.
As for giving evidence, it really comes down to what's been recorded and what you're bothered about.
My first thought without any basis was it's the kind of wise guy no win no fee lawyer trick to lay the blame at a defendant with money.
Accessing building sites and plant does seem to, on the face of it, put the onus on the builder as opposed to the idiot who goes in there.
It's all very contextual
I briefly worked in the Risk Department of a national Builder in the late 80's and even then it would have been done to death, you have someone who's accessed a site (questions raised over security and safety), you have access to equipment and an injury.
There must be chapter and verse somewhere, if you made a statement and you want to give evidence, ask for the statement to review and say you can't add more than that.
If no records were made, your position and involvement will really be determined by where you sat in the chain, If you were the Construction director, the bar is set higher than if you made the tea.
As for giving evidence, it really comes down to what's been recorded and what you're bothered about.
My first thought without any basis was it's the kind of wise guy no win no fee lawyer trick to lay the blame at a defendant with money.
Accessing building sites and plant does seem to, on the face of it, put the onus on the builder as opposed to the idiot who goes in there.
It's all very contextual
Colonel Cupcake said:
HiAsAKite said:
ac.cobra said:
Why not help your previous employer,
Did you leave on bad terms.
The other guy is looking for a quick compo.
This....Did you leave on bad terms.
The other guy is looking for a quick compo.
Sounds like the guy is looking for someone else to take blame for his own irresponsibility
If you don't want to or can't be bothered, can't you just write back a one liner saying you don't remember? Would probably save you getting another 2 or 3 follow up requests? (ianal)
andyxxx said:
Durzel said:
But short version - you can be compelled to appear.
If someone is compelled to appear in court, surely they has the right to remain silent??Colonel Cupcake said:
sociopath said:
How would you feel if someone wouldn't be a witness for something that happened to you?
Do the decent thing.
I wouldn't have the brass neck to claim compo if I had broken in somewhere whilst drunk or high and hurt myself.Do the decent thing.
Other peoples morals may vary.
I have to agree.
If someone did a crash for cash against you and you had a witness that couldn't be arsed to supply a statement how would you feel?
Drawweight said:
Colonel Cupcake said:
sociopath said:
How would you feel if someone wouldn't be a witness for something that happened to you?
Do the decent thing.
I wouldn't have the brass neck to claim compo if I had broken in somewhere whilst drunk or high and hurt myself.Do the decent thing.
Other peoples morals may vary.
I have to agree.
If someone did a crash for cash against you and you had a witness that couldn't be arsed to supply a statement how would you feel?
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