Affidavit?
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Sterillium

Original Poster:

22,371 posts

254 months

Wednesday 22nd September 2021
quotequote all

Looking for a little bit of advice.

I need to support a family member in a court hearing, basically by proving I lived 300 miles away for a period of time where it was (wrongly) assumed I lived with this family member. The best proof of this I can think of is that I was in full-time employment, 300 miles away, doing 70 hour weeks for the entire time that is in question.

Short of digging up/printing out several years of wage slips, is there a way I can write a letter/make a statement or similar that the court (IF they wanted that clarification) would look favourably on?

Boosted LS1

21,200 posts

289 months

Wednesday 22nd September 2021
quotequote all
You can google for templates but iirc correctly the County Court may settle for a Statement of Evidence these days which is far simpler. Why not phone the Ct to ask what's acceptable?

EW109

338 posts

169 months

Wednesday 22nd September 2021
quotequote all
The court will not give you legal advice.

You need to make a witness statement setting out your account (has there been a timetable laid down for the parties to exchange these?).

The rules are here:
https://www.justice.gov.uk/courts/procedure-rules/...

You will probably have to attend court and give evidence orally as well when the trial happens.

Mere assertion that you were based 300 miles away will not cut that much ice, given how easy it will be to produce the hard evidence. For example a person living at particular place would be expected to have at least some of the following linking them to the relevant address:
- Council tax bills.
- Utility bills.
- Car insurance.
- Wage slips.
- Electoral roll entry.

In addition, if the point is to show that you were living full time somewhere, why not get your bank statements for the period (these can usually be downloaded easily enough) and take a series of weeks as examples (eg, each tenth week) and go through them? If you were living somewhere, it will be easily enough to show a pattern of expenditure around that place, rather than the other place. For example, you might be able to show that in a particular week you did a big shop at a local supermarket, took money from a local cash machine, and went to a local pub – all of which, if it could be repeated across the board, would be powerful evidence.

IJWS15

2,205 posts

114 months

Wednesday 22nd September 2021
quotequote all
Simple witness statement but

What address:
- is on your =driving licence
- was your car registered at
- was your can insurance based on
- did your employer have for your home address
- did your bank/credit cards have
- were you paying rent/mortgage on

These all give substance to where you were actually living.

Durzel

12,999 posts

197 months

Wednesday 22nd September 2021
quotequote all
Not to mention that jobs can be fully remote, particularly nowadays, so being 300 miles away from the offices isn’t really proof of anything.

Sterillium

Original Poster:

22,371 posts

254 months

Wednesday 22nd September 2021
quotequote all

Very helpful - thank you all.

agtlaw

7,394 posts

235 months

Wednesday 22nd September 2021
quotequote all
A Guide to Representing Yourself in Court.
https://www.thejusticegap.com/wp-content/uploads/2...