How do I draft a Witness Statement? UK General Litigation & Small Claims

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Күн бұрын

Are you a litigant in person, running your own case?
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This is a "How To" on how to draft a witness statement. Do not forget that witness statements are for producing evidence and so you should NOT send a witness statement in when you first make a claim.
See separate video on drafting a Reply & Defence to Counterclaim - pleadings are what you use to state your case, evidence comes at a later stage and the court will send out an order for your to produce and exchange witness statements and all your evidence (disclosure)
at a date a few weeks before trial.
- this can often take claimants buy surprise, where they have issued a claim without realising that there was any problem with the work that they had performed.

Пікірлер: 53

@johnnicholas1000 2 жыл бұрын

Thank you so much for this series of videos. As a total novice to court action, you have guided us through the whole process and enabled us to go to the hearing with everything “in apple pie order”. As a direct result we won our claim and had the counterclaim dismissed. Result!

@RedwoodLegal Жыл бұрын

This is great! Congratulations for being your own superhero! If this warrants some positive stars on our TrustPilot profile, here's the link: uk.trustpilot.com/review/redwoodlegal.co.uk.

@ryankelly5524 5 жыл бұрын

This is really helpful. I’m a paralegal looking to study law, Ive used this video to draft a witness statement for my first small claims hearing, and it was very useful.

@georgedimitrov3572 4 жыл бұрын

Thank you Alex, that was a nice one! Very professional, it was easy to get the point. Thanks.

@RedwoodLegal 4 жыл бұрын

You're welcome!

@nigelduckworth406 3 жыл бұрын

You probably won't catch this after all this time, but very many thanks for your expert guidance. I say this as a retired solicitor who is assisting his son in a claim against a company. I have however, had no contact with civil litigation since I was an articled clerk 45 years ago and then not a lot. Almost my entire career has been spent in the criminal law. So apart from looking at the tort and the CPR rules, I had no clue as to what should happen these days. Now, thanks to you, I have all the information I need to properly draft the documents. Your time and trouble in making these vlogs is much appreciated.

@RedwoodLegal 3 жыл бұрын

You are more than welcome! Best wishes to you and your son!

@paulmason535 11 ай бұрын

The information you have provided me has been very useful. I had no idea how to set out a witness statement. Your presentation to me was perfect.

@shahmahmud-e9v Жыл бұрын

Very Helpful. I am litigating in person. This video series has been a great help.

@nickbagnall 6 жыл бұрын

Thank you Alex, a very good presentation, clear and precise with precious information.

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@jadielrhys3156 3 жыл бұрын

@Dax Taylor instablaster =)

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@daxtaylor9514 3 жыл бұрын

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@jadielrhys3156 3 жыл бұрын

@Dax Taylor No problem :)

@RedwoodLegal 5 жыл бұрын

Thanks for all the helpful comments below! Please feel free to give me feedback - you can always email me at info@redwoodlegal.co.uk - so I can improve the service. I will be bringing out a book later this year incidentally.

@breaker-one-nine 4 ай бұрын

Jesus. I hadn't gotten to this stage yet but, well explained that all the evidence needs connected to a witness statement. 😮 I guess I didn't read that bit yet in the Sheriff Court Practice book. 😂 I know there are differences but, good info mate.

@solagesture.9982 5 жыл бұрын

THANK YOU FOR THIS VIDEO. I DON'T KNOW WHERE TO START BEFORE BUT I WOULD TRY TO GIVE IT A GO NOW WATCHING YOUR UPLOAD!

@WoodoakWilderness 6 жыл бұрын

Thank you for sharing this. I will help me and I'm sure many others with taking the steps along the daunting road to getting justice for themselves.

@RedwoodLegal 6 жыл бұрын

Thank you for the feedback!

@leannebarry1888 3 жыл бұрын

This has really helped me thank you so much.

@RedwoodLegal 3 жыл бұрын

You're very welcome!

@johnsmith-bv2wc 5 жыл бұрын

alex the fisheries use to take me to court for fishing offences but i would never let them see my evidence until we was in court, i never lost

@solagesture.9982 5 жыл бұрын

JOHN SMITH : GOOD IDEA HERE, I'VE LEARNED ANOTHER TRICK FROM YOU NOW BY READING YOUR COMMENT. HAA, WHAT A CLEVER WAY OF HANDLING THE BASTARD DEBT MERCHANTS AND THEIR SPONSORS, THE LOCAL AUTHORITIES!

@borntodoit8744 3 жыл бұрын

You are wrong to mislead. Fishing issues are summary offences. Summary offences are minor issue. You wouldn't get away with delaying evidence with major issues in any court (including small claims track). Most you can do is delay evidence to 11th hour on last day (the due date set by court). The legal process is designed to be fair to both parties. You try to be unfair to otherside there is a good chance other side will point it out for judge and judge will penalise u...with costs. Both claimant and defendant MUST both ... present all their case AND ... allow the other side time to read and prepare counter arguments ...same for court It's the judge who must decide ON THE EVIDENCE IN FRONT OF HIM. No evidence = no fact supported No fact = related claim (relying on fact) is denied Denied claim = othersides claim is accepted unchallenged and wins the point Judges is as fact finder...and proof checker If your evidence is considered IRRELEVANT or INADMISSIBLE then the evidence is ignored by judge and your case is weaker for one less point. Basically John Smith ...your silly for trying it yourself ...your silly for challenging Redwood (he is qualified litigator) and ...your silly for trying to encourage other people what you do is correct for them ...what you do doesn't follow even the basic rules of court process Just because your lucky so far doesn't mean your luck won't run out next time.

@TeamSimpsonRacing 3 жыл бұрын

Thank you for this video, its incredibly helpful 👍

@RedwoodLegal 3 жыл бұрын

Glad it was helpful!

@Sam69London 4 жыл бұрын

Great video. Very clear and precise. I really appreciate you help sir. Who said solicitors are a rip off??!!!

@psyonide3211 2 жыл бұрын

Thanks for the video - can you advise on how to present audio and visual evidence?

@RedwoodLegal 2 жыл бұрын

Well, it very rarely happens in low value claims. I did have a case last year where a designer wanted to show the court the video work he had done to show it was done well, and not negligently. But even then we decided not to do it. Be very careful about this - audio and visual is rarely used in lower value claims, especially if it is recorded phone calls. It just makes the party adducing that evidence look dodgy. I would email us on hello@courtwingman.com for better feedback on your individual claim. I just cannot give general advice on this point I am afraid. We will charge you though. £150 one hour legal surgery.

@ollygee 5 жыл бұрын

Great information. Many thanks

@RedwoodLegal 5 жыл бұрын

You're welcome! :)

@fahedbizzari3900 6 жыл бұрын

Thanks Alex.

@jayjoe9925 3 жыл бұрын

Thank you so much.

@RedwoodLegal 3 жыл бұрын

You're welcome!

@aabc84 Ай бұрын

What happens if the witness statement is signed but not dated

@paulharding6269 11 ай бұрын

Hi, when wrighting a witnes statement for the evidence I want to submit. if their is 10 pieces of evidence for example phone bills,emails,invoices , would each item have a seperate witness statment . thank you

@soulfabuk 3 жыл бұрын

In the Small Claims track (Money Claim), are witness statements and evidence mandatory for both parties? I am defending a building dispute claim but the Claimant has not filed or served a statement or any evidence for either of their two witnesses. Are they going to file it on the day and just plead ignorance (can I object to lack of notice) or can they proceed solely with their Claim Form? Many thanks (and keep up the great work).

@amritlohia8240 2 жыл бұрын

It's not strictly mandatory in small claims, but if they try to introduce it on the day, you can object to the lack of notice.

@paulpenhalegan1915 6 жыл бұрын

Hi...Can you tell me if a counter claim verbal witness in a small claims court has to provide a written statement to the plaintiff first....one would need time to go over what maybe said surely...

@BurtKocain Жыл бұрын

Is it necessary to follow the templates you've shown? It just that I've got my letter from the court inviting me to write a witness statement, and all it asks for is the court number, name and address, numbered paragraphs, double spacing, "I believe the facts set out above to be true", etc, and a date and signature. They've not asked for any other particular wording. I've got my 50 pages of correspondence with the other party in a separate document, numbered by page, and I refer to certain emails in my statement as (page XX of evidence document). Do I have to rewrite and reformat this? Thanks for your help.

@RedwoodLegal Жыл бұрын

Hi Burt, This is for guidance only, so whilst it covers best practices, other formats also work as long as you're clear, concise and follow a dated order, you'll be fine. Good luck!

@king0vdarkness 2 жыл бұрын

For 4:33 Please may I ask a few questions? 1. for the "Made on behalf of" would this be necessary if not using a lawyer and if it's a different witness from the claimant? 2. "Statement Number: 1" - is this the number of witness statements this particular witness makes? 3. "Exhibits:" X - are these the number of exhibits referenced in this witness statement? Any help would be appreciated.

@amritlohia8240 2 жыл бұрын

1. It should be included, as it tells the court that this witness is giving evidence in support of the claimant (rather than for the defendant). 2. Yes, it is. 3. Yes.

@king0vdarkness 2 жыл бұрын

@@amritlohia8240 Thank you :) I submitted my statement a few moths ago, i just hope the judge is reasonable and rules in our favour, the dealer took us for a ride, since november last year...

@amritlohia8240 2 жыл бұрын

@@king0vdarkness Well, County Court judges can be a bit variable, but best of luck...

@king0vdarkness 2 жыл бұрын

@@amritlohia8240 thank you

@aa-qv5pg 2 жыл бұрын

Can you send your evidence before the deadline date? The wording is confusing as it says "By 4pm ON xxth date." Does this literally mean ON that date or 4pm by that date?

@RedwoodLegal 2 жыл бұрын

Yes, sending evidence before the 'by 4 pm on xxth' is advised. Sometimes documents go missing and this prepares you for the eventuality.

@beautifulfindings3008 2 жыл бұрын

I have received a n244 form from the defendant with a witness statement but I have not been asked to present a witness statement by the court. Can I now send my witness statement and how many days does the court need in advance of hearing pls in may 2022. Thanks

@RedwoodLegal 2 жыл бұрын

If your opponent I making some sort of application, N244 (A very common form) then he will probably include evidence with the application. (A witness statement.) You then have the right to put in a response (Your own witness statement usually.) Time-frame depends on whether the court has sent out an order fixing a date - it should do and it may include when you need to respond. Obviously you should not leave your response to the application to last-minute - if for no other reason than the courts are very busy and you want to ensure it arrives in good time. CPR Practice Direction 23 Evidence para 9 suggests you should do it as soon as possible, but 14, or even 7 days before the hearing is okay, in my view. Obviously file and serve - do not attempt to ambush your opponent by not copying them! www.justice.gov.uk/courts/procedure-rules/civil/rules/part23/pd_part23a