If the defendant other party is not represented, service can be effected by:. In respect of proceedings in the High Court, pleadings or amended pleadings shall not be served during the summer vacation of the Court, i.
The purpose of a defence is to set out the material facts of your defence and the basis therefor. In answer to each paragraph of the statement of claim, state clearly the matter s pleaded in that paragraph which you admit and which you do not. If you do not deny, you are deemed to have admitted those facts. If you deny an allegation, state your reason for denial, e.
If you want to counterclaim against the plaintiff, you should include the counterclaim in the same document as your defence. The purpose of a counterclaim is to set out the material facts of your counterclaim, the basis therefor and the remedies which you seek.
Very often, the basis is more or less the same as your defence. If your counterclaim is based on the same contract, identify the relevant clauses that you wish to rely on. State how the plaintiff has breached the contract, giving full particulars. State what remedial measures or steps in mitigation have been taken. State the cost therefor.
State whether or not there has been any demand prior to the counterclaim. State whether or not the opposite party has compensated or agreed to compensate you in any way.
State whether or not you want to set off your monetary counterclaim against any sum awarded to the plaintiff under the statement of claim. If it is not possible to do so, make sure the handwriting is legible. If the other party is represented, service can be effected by leaving at the business address of the solicitor acting for that party. If the other party is not represented, service can be effected by:.
Sample of a Defence and Counterclaim. If you do not file a reply, you are deemed not to have admitted any of the allegations in the defence.
In answer to each paragraph of the defence, state clearly the matters pleaded in that paragraph which you admit and which you do not. If you wish to contest the counterclaim, you must file a defence to counterclaim.
Otherwise, the defendant may seek default judgment against you on the counterclaim. In answer to each paragraph of the counterclaim, state clearly what facts pleaded in that paragraph you admit and what you do not. If the facts of the defence to counterclaim are closely related to your claim, you may just state that you repeat the statement of claim and the reply.
If, however, you have additional reasons to contest the counterclaim, you should state them. State whether or not you want to set off any monetary award made in your favour against any sum awarded under the counterclaim. Sample of Reply and Defence to Counterclaim. Sample of Timetabling Questionnaire. Sample of Listing Questionnaire. The purpose of a list of documents is to inform the opposite party what documents relevant to the issues in the case are in your possession, or can be obtained by you from any third party e.
The documents include your own documents, those you have obtained from the opposite party and other sources e. You have to disclose all the documents relevant to the issues in the case even if some of those documents may be detrimental to your own case. Normally there are 2 schedules in a list of documents, and schedule 1 consists of 2 parts. If there are many documents of the same nature, you can refer to them as a bundle and state the period they cover.
The description of documents, though brief, should be sufficient to enable the other party to identify them. Give a brief description of the type of documents you object to produce. Give your reasons for objection. The reasons must be those recognized by law e.
If you object for no good reason, the other party may apply to court for an order for you to produce those documents and to file an affidavit or affirmation to verify if any specified document is in your possession. This may incur costs. Give a brief description of the documents which have been but at the date of service of the list of documents are no longer in your possession, custody or power.
Inspection is usually done within 7 days after each party has filed his list of documents. You may inspect the originals of the documents listed in schedule 1, part 1. Inspection should take place on the date and time specified in the list of documents. Upon inspection, you may request the other party to supply you with copies of the documents.
You may, however, have to bear the photocopying charges. Sample of a List of Documents. A witness is a person having personal knowledge of facts relating to the matters in dispute in a case. A person X may have heard someone Y describe an incident or report a situation witnessed by Y to him.
Y should be a witness to that incident or situation. X should not, because what he will be able to say is "hearsay" evidence, which carries little or no weight. The plaintiff or defendant himself can be a witness.
So can his relatives, agents and employees, provided they satisfy the requirement in paragraph 1. To tell the difference between expert evidence and lay evidence, here's the terminology:. You can't be an expert in your own case involving work which is the subject of the legal proceedings.
That's because you would be perceived to be biased even if you aren't. Your friend wants you to give evidence as an expert in his case. You can't or at least shouldn't accept the appointment , because you wouldn't be seen to be independent of your friend, because of your prior relationship.
Lay witnesses have a limited ability to give opinions in their evidence. For the most part opinion evidence is inadmissible. It is likely be challenged by the other party, simply because lay witnesses are not qualified to give opinions in court.
While there may be some leeway on the general rule, sometimes it's best just to leave it out. The facts stated in your statement should speak for itself. Let the qualified experts give their opinion if the court wants it. Although they give evidence for party that briefs them, experts owe an overriding duty to the court, and should confirm that they have done what they are meant to, in addition to the statement of truth. Those responsibilities transcend any perceived obligations to the party for which they give evidence.
See Phillips v Symes Statements of case are prepared by parties to allege facts of the case on which they rely to succeed in their legal claim: their cause of action. Witness statements are there to proof the facts of alleged in the statement of case. When a statement of case is signed - endorsed with a statement of truth - the statement of case can be used as evidence of any of the matters set out in it. The court rules allow statements of case such as particulars of claim or a defence to be used as a matter of convenience.
If an issue is dispute between the parties, a judge will be looking to receive independent evidence from the party to satisfy the burden of proof. Not rely on what is said in a statement of case. We know both sides of the story, and how your opponent is likely to come at you. They're a 5 minute walk for us. You don't end up paying solicitors' travelling costs to Court. That might be avoidable. Getting it right the first time has other advantages. We've also included a template witness statement below to get you started.
What are witness statements? Witness statements are formal court documents. They're made by witnesses to: set out evidence to prove the facts alleged by a party in the particulars of claim , defence or other statement of case in civil disputes, satisfy the burden of proof , which is on the balance of probabilities.
Witness statements: are the main way courts receive evidence may be made for the purposes of supporting an application for interim relief such as an injunction or relied on at the trial in court disputes have the same general form in civil proceedings in England, whether they are used in disputes relating to contracts, work, car accidents, or disciplinary proceedings. First, the basics.
Then we show how witness statements are tested and challenged. There are at least two ways that you can prove what you say. You can: produce evidence that directly supports what you say. For instance, if you say a company exists, you would exhibit a page from the relevant Register of Companies in your statement, from here; or produce evidence which tends to show what you say is true.
Let's say you wanted to prove that you were in a particular place at particular time. You could produce credit card statements showing that you bought something from a shop near the venue, or a WhatsApp conversation which shows communications with the person you were about to meet, that you were running late.
When are witness statements used? Witness statements are a fundamental tool in the civil justice system. Courts use the evidence filed to decide issues: at the trial: The trial takes place after all of the preparation been completed. All of the parties, their witnesses, their experts if any come to court for the dispute to be heard and decided by the judge. At the trial, the witness statements prepared for the trial will almost always include "lay witness statements" lay evidence.
Lay evidence is just evidence which is not expert evidence. Expert evidence is given in the form of witness statements by people specially qualified to assist the court decide technical issues. Experts in a case could include IT experts, doctors, engineers, quantity surveyors or mechanics. They are qualified to give opinions in the areas of their expertise.
This is known as " evidence in support ". Evidence may be made up of one or more witness statements. The evidence that a party files in response to the evidence in support is known as the " evidence in response ".
After that, the party filing the application notice has a further opportunity to file evidence, to respond to the evidence in response. This is known as " evidence in reply ", and sometimes "evidence in answer". Typical interim applications include: interim injunctions: Freezing Orders: preserve property pending the trial Search Orders: preserve evidence pending the trial Quia Timet Injunctions: prevent continuation of unlawful conduct pending the trial strike out applications summary judgment applications setting aside default judgment The form of witness statements witness-statement-parts First page: Case Title Witness statements have a prescribed form.
Witness statement should set this information out on the first page: the title of the proceedings the name of the person making the statement the party to the proceedings on whose behalf the statement was made the exhibits made in conjunction with the witness statement the date it was made the number of witness statement of the witness making the witness statement.
Section: Identifying yourself Following the case title comes a statement identifying the deponent - the person signing the witness statement. It has a prescribed form: "I, [name], [occupation], of [address] will say as follows:" If the witness statement is made in a business capacity, the address should be your work address. Why does it say, " will say as follows"? Good question. Section: Preliminaries Source of Evidence Well drafted witness statements commence with a statement confirming the source of the evidence given.
It usually has words like: The facts set out in this statement are within my own knowledge save where I state otherwise. It may sound trivial. It's not. In Starbucks v British Sky Broadcasting Group , the Judge said: Despite [using words similar to the words in blue above], some of [the] statements contained information that, as she readily acknowledged during cross-examination, was not within her own knowledge, but without making this clear or stating the source of the information.
Those "difficulties" translate to being asked in cross-examination: whether the witness statement as a whole contains the whole truth whether there are any other parts of the witness statement which aren't true getting you on the back foot, and unsure of yourself when you're under pressure.
The purpose of using the wording at the beginning of a witness statement is, in a way, to remind witnesses of the limits of the evidence they can give, and: protect you from one of the harsh technicalities of the law, and preserve your credibility in the witness box.
Introducing the Deponent - You Next, introduce yourself, in brief — in one or two sentences. Also, this preliminaries section is: a good place to say you are related to any of the parties, such as "I am an employee of the Claimant" or "I am the brother of a director of the defendant", if you are, and a handy place to define terms and abbreviations that will be used throughout the witness statement, if there are any.
Section: This Witness Statement It's a good idea to explain why the statement is being made, or the purpose the witness statement is being made early on. Section: Exhibits You will often need to refer to documents upon which you rely to state the facts that you state. If documents are exhibited, it is a good idea to introduce them at this stage. See also the heading "Exhibits" below for guidance to arrange them. More on that further down. Section: The Narrative This is the business end of the witness statement.
Everyone drafts witness statements differently. To make it easy to read: Use short sentences and paragraphs, where possible Keep it as concise and to the point as possible Use correct capitalisation and punctuation Avoid huge blocks of text It's OK to introduce documents and explain them if they need it, but don't provide extensive commentaries or opinions.
That is for arguments to be put to the judge at the hearing. In this narrative, you're telling your story. Other things to bear in mind: If you refer to someone, introduce them by giving their full name and position or role with their employer, or some other description to explain why you are mentioning them If you refer to a company or incorporated legal entity, state its full name, address and the sort of business it is engaged in software developers, mechanics, consultants or suppliers as the case may be If you have any doubts or reservations about what you say, state them.
The statement of truth for witness statements is: I believe that the facts stated in this witness statement are true. You sign and date the witness statement under the statement of truth. The capacity of the person making the witness statement should be made clear. For instance, where the claimant is an individual and signs the statement of truth, it might appear like this: I believe that the facts stated in this witness statement are true.
Ralph Rogers The Claimant [date] If the witness statement is made for a company which is say the second defendant in the case, it would read like this: I believe that the facts stated in this witness statement are true. Before you serve it. Changing your witness statement After you finish and sign your statement, your recollection may change. Preparing Exhibits to Witness Statements exhibits-representation Documents which are referred to in a witness statement are organised into one or more exhibits.
Check out the template exhibit cover sheet below. It is a good idea to exhibit documents in this way because: the documents support your case it serves as a reminder to you of why you said something in your witness statement it's more difficult to criticise your witness statement for lack of documentary support you protect yourself by ensuring that what you say is referable to a specific document when you refer to a document, you are able to refer to different parts of it, with the context of what you say in your statement if there is anything unusual about the document, you are able to comment on it the judge will be able to see what you are talking about, rather than have to work it out or guess what you are talking about and then seek clarification at the hearing your cross-examination will be either be harder or more focused, because you've kept yourself what you can say, without sounding like a removed strange person that draws wild and baseless conclusions.
Also: if any of the pages are illegible because the printing is faint, you should type up a copy and exhibit it with the best copy you are able to make of the poor quality document No point putting in evidence that the judge and the other parties can't read bundles of letters, emails and messages such as WhatsApp and text messages should be in chronological order, so that the earliest letter is at the top and the most recent at the bottom.
The statement usually says: I verify that this is the exhibit marked '[exhibit reference]' to my [number] witness statement dated [date]. Writing a Good Witness Statement statement-of-truth The Importance of Context location-map-context When preparing your witness statement it's a good rule of thumb to exhibit documents to the witness statement which support the facts you state.
Turn of Events You could just tell the story that: In one month you were doing research, then you created the proof of concept in the next month. After that might come the internal testing and analysis of results. Like emails and notes that show the timing of events in the development. Think about it. The documents you have found add credibility and believability to the witness statement. And it's the same with causes of action other than breach of confidentiality , such as the common claims encountered in commercial litigation such as: breach of contract civil fraud negligent misrepresentation conversion , or conspiracy.
Omissions Often a story can be told and details are left out for brevity or impact. You need to re-sensitise yourself to the truth when you are preparing your witness statement.
Jargon jargon-alert If any jargon or industry specific language needs to be used, it should be explained succinctly. Opinion Evidence loud-warning Some straight-talking. You really do devalue your witness statement when you state opinions.
So your witness statement is not the place for: clown-bow-tie personal opinions prejudicial comments criticising others opinions on the issues in dispute in the court proceedings, which the court needs to decide.
The Trial: Some Context The more important witness statements in legal proceedings are used at the trial. Above, we mentioned the old procedure of giving evidence in chief orally.
The Truth in Witness Statements Even if you're a party to the proceedings, it's your overriding duty to tell the unvarnished truth, politely and respectfully. You need these notes as these can help you verify other statements that you have gathered and may just become a useful tool of evidence in court. Try to keep your questions as simple as possible.
Avoid using any terminology that the witness does not know as it will be a waste of both of your times. Once you are done asking your question, let the witness do the talking.
You do not want to add anything that could influence the witness, so keep silent and wait until the witness has finished saying whatever needs to be said.
If the witness is having a hard time recalling things that happened during an incident, then the only thing that you have to do is to remain patient. If the witness does not have enough information to answer a particular question, then just record whatever he or she can say about it.
Do not insist that the witness give a yes or no answer to every question that you ask. Allowing the witness to try and elaborate on any information is vital. Just remember to tell that person that he or she must only provide whatever he or she saw and heard, and nothing more. The witness may have some difficulty in voicing out what he or she was able to observe.
In the event that this happens, you can make use of sketches or diagrams to help out. Your accident investigation report or safety survey should have a diagram of how and where the incident occurred that will help you provide a visual interpretation for the witness.
Never admit to any liability. You should never make any statement to the witness that suggests that you have prior knowledge of a dangerous condition or behavior that has led to the incident.
You should not argue with the witness regarding moral or legal responsibilities. You can file a statement of defence and a counterclaim in one document, which means you will need to pay only the fee for filing a counterclaim.
See above for information on the requirements for a statement of defence. See below for information on the requirements for a counterclaim. A counterclaim is a statement of claim against the plaintiff that has the heading 'Counterclaim'. Refer to the statement of claim section for more information on statements of claim.
See above for the content that must be in a notice of proceeding and a memorandum. If you want to make a claim against another defendant in the proceeding, you can file a cross-claim.
A cross-claim is essentially a statement of claim against another defendant to the proceeding. A cross-claim must be accompanied by a notice in the form set out in G15 external link. If you want to make a claim against a third party a party not previously named as a party to the proceeding in response to the claim made against you, you can file a third party notice.
A third party notice must be filed and issued within 10 days after the timeframe for filing a statement of defence expires, unless the court directs a longer timeframe — see rule 4. For the rules governing claims against third and subsequent parties see rules 4. The content that must be in a third party notice is set out in the High Court Rules form G14 external link. If you are a party to a proceeding and want to oppose an interlocutory or originating application on notice that was filed by another party, you will need to file a notice of opposition.
The content that must be in a notice of opposition is set out in the High Court Rules form G33 external link. If you want to file any evidence in support of your notice of opposition, you should file an affidavit when you file your notice of opposition. See the Evidence section of this website for more information.
A notice of opposition must be filed within 10 working days of when you were served with the application. If the hearing is within 10 working days, you will need to file the notice of opposition at least 3 working days before the date of the hearing; see rule 7. You must file a notice of cross-appeal at least 2 working days before the first appeal conference see rule A notice of cross-appeal needs to contain the same information as a notice of appeal. An affidavit must comply with the relevant form in the High Court Rules depending on the type of application it relates to.
You need to file an affidavit of service if you apply to place a company in liquidation or if the defendant or respondent denies having been served. A copy of the documents served must be attached to the affidavit as exhibits. An affidavit of service must comply with the High Court Rules form G16 external link. Summary judgment is a procedure that allows a plaintiff to obtain judgment from the court without going through a full trial. Summary judgment can only be done in certain, relatively rare situations where there is no genuine arguable defence to one or more of the claims against the defendant.
Summary judgment cannot be used as a shortcut in cases where the defendant intends to defend the claim and can raise an arguable defence. If you are the plaintiff and you are applying for summary judgment, your statement of claim and notice of proceeding must be accompanied by an interlocutory application on notice for summary judgment in form G31 and a supporting affidavit.
When applying for summary judgment, the notice of proceeding must comply with the High Court Rules form G
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