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Witness summons

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, additional provisions may apply—see further in the section: Court specific guidance.Where a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a witness summons. This Practice Note provides guidance on what a witness summons is, the circumstances in which you may use one, whether the court’s permission is required and how to make an application for a witness summons. It explains how to serve the witness summons, together with what to do if a witness does not comply with a summons, conduct money and paying summoned witnesses.What is a witness summons?A witness summons is a document issued by the court under CPR 34.2 compelling a witness to:•attend court to give evidence on the date fixed for a hearing or a court directed date (CPR 34.2(1)(a) and CPR PD 34A, para 1.1),...

Difficulties when interviewing witnesses

This Practice Note identifies difficulties which may arise when interviewing or taking statements from potential witnesses. Examples include reluctant or forgetful witnesses, whether you can make any payments to witnesses and how to deal with a non-English speaking witness. Use of depositions for absent witnesses and payments of deponents are explored together with the use of witness summaries. Guidance is offered on the form, format and service of witness summaries and the consequences under Rule 32.10 for failing to serve a witness summary within the time period specified by the court.This Practice Note does not address the issue of vulnerable witnesses—for further guidance, see Practice Note: Planning witness evidence and choosing witnesses—Vulnerable witnesses.This Practice Note does not consider the requirements for the preparation of trial witness statements in the Business and Property Courts which are governed by CPR PD 57AD for which see Practice Note: Trial witness statements in the Business and Property Courts under CPR PD 57AC. See also Court specific guidance below.Reluctant or forgetful witnessesYou may find that...

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Application—attendance of witness and production of documents

Application—attendance of witness and production of documents [Insert date] [Insert] Employment Tribunal [Insert address] To the [insert] Employment Tribunal [Insert name of case, eg X v Y] Claim Number: [insert claim number] Rule 34—Application for a witness to attend hearing[ and produce documents] We act for the [Claimant OR Respondent] in the above case. We apply to the tribunal under rules 30 and 34 of the Employment Tribunal Procedure Rules 2024, SI 2024/1155 for an order that [insert name] of [insert address] be required to attend the tribunal at [insert address] on [insert date] to give evidence[, and to produce the following documents: [specify]]. We have

Litigation, advocacy and ADR policy

Litigation, advocacy and ADR policy 1 Introduction 1.1 This document sets out our policy for dealing with litigation and advocacy before any court or tribunal and any form of alternative dispute resolution (ADR). It reflects duties imposed on us by the court and the Solicitors Regulation Authority (SRA) as well as general professional duties. 1.2 Failure to comply with these duties can have serious consequences: 1.2.1 the firm or a member of staff could be in contempt of court, which is ultimately punishable by a fine or even imprisonment; 1.2.2 our reputation could be damaged; 1.2.3 the firm or individuals within the firm could be disciplined by the SRA or another regulator, which could lead to fines, disqualification or other sanctions; 1.2.4 we may receive a formal complaint from our client or another party. 1.3 We have always taken our duties to the court seriously and we will continue to do so. 2 Scope of this policy 2.1 This policy covers: 2.1.1 litigation and advocacy before...

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A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take?

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take? At present, HM Courts and Tribunals Service have confirmed that, generally, the business of the courts and tribunals is continuing. The guidance is that as long as court users do not have confirmed or possible coronavirus (COVID-19) infection or do not need to self-isolate in line with the National Health Service advice, they should continue to use the courts as usual. In the event that they are unable to attend either due to illness or the need to self-isolate, they should contact the court. Can the hearing proceed in the person’s absence? The first point to consider is whether the hearing can proceed without whoever is unable to attend. Depending on the notice given, it may be possible to find alternative counsel or to set up telephone/video-conferencing arrangements, which is something that has been advocated by the Lord Chief Justice....

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Lexis®PSL Dispute Resolution weekly highlights—4 August 2016

Welcome to the weekly highlights from the Lexis®PSL Dispute Resolution team for the week ending 4 August 2016. In this week’s edition, we feature the Civil Justice Council (CJC)’s study on concurrent expert evidence. We also highlight analysis and news on a broad range of matters, including: costs and the impact of without prejudice material (Gresham Pension Trustees); applications to amend (Glenluce); warranties and misrepresentation (Idemitsu); adjudication (Lulu and Ground Developments); and, the impact of breaching the requirement of full and frank disclosure when seeking a freezing order on costs (National Bank). As usual, we highlight relevant analysis from other Lexis®PSL Practice Areas, articles on the impact of Brexit, the key updates to our core content, our latest Q&As, and this week’s posts in the Dispute Resolution Blog. All this, and more, in our weekly highlights.