Disclosure of Documents Disclosure is the process by which one party shares the documents it has and which are relevant to the dispute whether or not they support or undermine either party’s case. This may include documents that are harmful, sensitive or confidential but does not include those which are protected or privileged from disclosure which includes our advice and settlement offers. It is important to identify and preserve relevant documents from the outset which involves identifying who might have them and where they are stored. Each party lists the documents and then the other can ask for copies of some or all of them. Sometimes it is important to see the originals and this can be arranged. Witness Statements This is a written statement of the factual evidence that the individual can provide in relation to the dispute. These statements are exchanged with the other party in advance of trial. A witness statement must: • Be in the witness’s own words, if practicable • Indicate which of the statements in it are made from the witness’s own knowledge and which are matters of information or belief and state the source of those matters • Include a statement of truth. A witness may be called to trial to be cross-examined on their statement.
Expert Evidence Expert evidence is used where the case involves matters on which the court does not have the requisite knowledge such as accounting, valuations or engineering matters. The court’s permission to rely on expert evidence is required and the court will decide the parameters of their evidence and the costs which can be incurred. The court allows each party to have their own expert or sometimes orders the parties must use the same expert depending on the circumstances. The expert’s duty is to the court and not to the party or parties even though they are paying the expert’s fees. Expert evidence is usually given in the form of a written report but they can be required to attend trial and be questioned on their report.
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