• This topic has 6 replies, 5 voices, and was last updated 11 years ago by br.
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  • attendance at court for civil case
  • bruneep
    Full Member

    do I have to attend? Letter from solicitor asking me to attend court to be a witness in a civil case for their client.

    Scottish Courts.

    B

    anagallis_arvensis
    Full Member

    As far as I am aware you dont have to go but they could make you if you didnt.

    Charge them £100 per minute for thinking about it :-0

    acehtn
    Free Member

    In the workings of this as well.

    Where there’s blame there’s a claim, i am now whats called a hostile witness, and they might have decided not to let me anywhere near the hearing.

    You will be asked nicely to attend a hearing, i was given an 18 day window to make myself available for, no exact date.
    You will then get heavy handed letters….we would like you to attend….but if you don’t want to…..well we can just summon you and make you attend against your will anyway.
    If summoned you have to attend or face possible arrest for contempt of court. They where keen to point out i would have an arrest warrant placed on me if i didn’t show up if summoned.

    With out going into details on the case. 🙂

    I called their bluff and pointed out i was not making a 10-12 hour drive + fuel + day off work etc etc.
    Forced the issue of you want me, serve me a summons.

    In the case of the “where’s there’s blame there’s a claim” solictors having to summon a witness, they have to pay the court to summon you.

    I belive the process was called “N20 form” once under a summons you have the right to seek a pre-hearing audience with the Judge, if they agree with you not being there, the judge can overturn the summons.
    If the judge requires you, then you foot the bill for the summons against you and the audience with the judge fee as well.

    In short i am digging my heels in, because i am being bullied into attending so someone else and there “no win no fee” legal eagles can line their own pockets 🙂

    If it’s a CPS case, don’t ignore a summons.
    Civil case’s seem to operate on request, if you say no they can summon you. If summoned don’t ignore it. From what i am getting, bullying a witness to attend is the cheap choice.

    Citizens advice can help with info (if you can actually get in to talk to anyone)

    Don’t go into details on what your being requested for.

    You will be a “witness of fact” you should get expenses, the ones trying it on with me have made no mention of any incurred expense by me for getting to their hearing being paid back.

    An “expert witness” is someone who is an expert in the field of the case being heard. They set there own fee and expense rate with the legal team calling them. They get paid lots, you should get petrol money !

    I haven’t heard back, yet !
    I don’t know if the case will be heard or chucked out, i have no idea how much money is being claimed (keen to find that out)
    It may go to a later hearing date and i might still get summoned.

    Boils my piss, shady where’s there’s blame make a claim shysters cluttering up courts who could be spending time locking up real criminals.

    Not to up on forum members, but would this have been ex-forumite TJ’s forte ?

    bruneep
    Full Member

    will call the court on monday to see what their take on it is.

    acehtn
    Free Member

    Best way to go, or CAB or have a chat with your own solicitor on how to proceed.

    Proper legal advice is what you need.

    br
    Free Member

    I’d ring the solicitor first, to gauge why they’d like you to attend.

    And if you aren’t happy with their reason, ask what ‘expenses’ they are paying to cover your costs.

    Otherwise, ring the court.

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