Application for Witness Orders
Application for witness Order
Exchange of Witness Statements
An employment judge at a preliminary hearing will typically consider issuing directions for the exchange of witness statements between parties. This is a standard part of preparing the case for a final hearing, especially where a substantive preliminary issue requires the tribunal to consider evidence, make findings of fact, and apply the law.
Importance of Witness Evidence
Where a substantive preliminary issue is to be determined at a preliminary hearing, it is usual for directions to be given in advance for the exchange of witness statements, as well as disclosure of relevant documents and compilation of a bundle. The risk of a tribunal determining such an issue in the absence of witness evidence is highlighted by the case of Smirnov v Ramboll UK Ltd, where the EAT upheld an appeal because the judge had determined a substantive issue based on documents and submissions alone, without witness evidence.
Party Preparation for Witnesses
Before a preliminary hearing, each representative should consider and discuss with their client:
Who their witnesses will be.
Why their evidence is relevant to the issues in the case.
Whether the witnesses have any dates to avoid, including reasons and supporting evidence.
Parties should be ready to explain the relevance of the evidence each witness will give, particularly if the opponent objects to a witness being called.
Guidance for Litigants in Person
In cases where one party is a litigant in person, who will be their own witness, it is not unusual for the judge to give guidance regarding the need for their witness statement to cover all factual issues and the distinction between acting as an advocate/representative and acting as a witness.
While the importance of witness evidence and the tribunal's power to issue directions for the procedure called a "witness order" to compel a witness's attendance if they are unwilling. The focus is on case management orders that facilitate the preparation and presentation of evidence.
We can make an application to the Employment Tribunals that would compel a witness to attend or provide evidence.
Application for witness Order
Exchange of Witness Statements
An employment judge at a preliminary hearing will typically consider issuing directions for the exchange of witness statements between parties. This is a standard part of preparing the case for a final hearing, especially where a substantive preliminary issue requires the tribunal to consider evidence, make findings of fact, and apply the law.
Importance of Witness Evidence
Where a substantive preliminary issue is to be determined at a preliminary hearing, it is usual for directions to be given in advance for the exchange of witness statements, as well as disclosure of relevant documents and compilation of a bundle. The risk of a tribunal determining such an issue in the absence of witness evidence is highlighted by the case of Smirnov v Ramboll UK Ltd, where the EAT upheld an appeal because the judge had determined a substantive issue based on documents and submissions alone, without witness evidence.
Party Preparation for Witnesses
Before a preliminary hearing, each representative should consider and discuss with their client:
Who their witnesses will be.
Why their evidence is relevant to the issues in the case.
Whether the witnesses have any dates to avoid, including reasons and supporting evidence.
Parties should be ready to explain the relevance of the evidence each witness will give, particularly if the opponent objects to a witness being called.
Guidance for Litigants in Person
In cases where one party is a litigant in person, who will be their own witness, it is not unusual for the judge to give guidance regarding the need for their witness statement to cover all factual issues and the distinction between acting as an advocate/representative and acting as a witness.
While the importance of witness evidence and the tribunal's power to issue directions for the procedure called a "witness order" to compel a witness's attendance if they are unwilling. The focus is on case management orders that facilitate the preparation and presentation of evidence.
We can make an application to the Employment Tribunals that would compel a witness to attend or provide evidence.
Application for witness Order
Exchange of Witness Statements
An employment judge at a preliminary hearing will typically consider issuing directions for the exchange of witness statements between parties. This is a standard part of preparing the case for a final hearing, especially where a substantive preliminary issue requires the tribunal to consider evidence, make findings of fact, and apply the law.
Importance of Witness Evidence
Where a substantive preliminary issue is to be determined at a preliminary hearing, it is usual for directions to be given in advance for the exchange of witness statements, as well as disclosure of relevant documents and compilation of a bundle. The risk of a tribunal determining such an issue in the absence of witness evidence is highlighted by the case of Smirnov v Ramboll UK Ltd, where the EAT upheld an appeal because the judge had determined a substantive issue based on documents and submissions alone, without witness evidence.
Party Preparation for Witnesses
Before a preliminary hearing, each representative should consider and discuss with their client:
Who their witnesses will be.
Why their evidence is relevant to the issues in the case.
Whether the witnesses have any dates to avoid, including reasons and supporting evidence.
Parties should be ready to explain the relevance of the evidence each witness will give, particularly if the opponent objects to a witness being called.
Guidance for Litigants in Person
In cases where one party is a litigant in person, who will be their own witness, it is not unusual for the judge to give guidance regarding the need for their witness statement to cover all factual issues and the distinction between acting as an advocate/representative and acting as a witness.
While the importance of witness evidence and the tribunal's power to issue directions for the procedure called a "witness order" to compel a witness's attendance if they are unwilling. The focus is on case management orders that facilitate the preparation and presentation of evidence.
We can make an application to the Employment Tribunals that would compel a witness to attend or provide evidence.