Witness Statement, Court Summons

[josaphine32]

Can anyone help with this please,

A friend had a car accident in 2007, She was 16 and her mother put in a personal injury claim, the family asked me if I would do a witness statement to state what she was like before the accident/after. They said I wouldn't need to go to court as they would settle out of court, They turned down a hundred grand,
Well today I have received a letter from her Solicitors, This is there wording, To avoid any emabarrassment with your employer, we will serve you with a witness summons which is a formal demand frem the court that you attend court to give notice.

The court is 50 miles away, from me, its for 3 days, which one of them is my daughters birthday, How am I going to get her to college for 3 days, we live in the sticks and there is not a bus to where she goes, and how the hell am i going to get to luton, + I am self employed, any way I can get out of this,

Sorry about spelling and ranting off, I am well pi@@ed off.
jo
x

[RATTER15]

If your friend has turned down 100.000 already perhaps you could explain the situation to her and suggest she pays for a taxi for three days.

[bednobs]

if you have received a summons you must go. Ask you friend to pay your travelling expenses. Would it be so bad for your daughter to miss 3 days of college?

[chrissa1]

Yes. I would say you will attend but that due to your circumstances you will require travelling expenses, loss of earnings remuneration etc etc.
As this is a civil claim, I wouldn't have thought,"in law" they can force you to attend.

[josaphine32]

I know wha your saying but I have to say the course she is on I had to pay £900.00 pound for as It's an animal course and not funded, Plus the fact I look after a 93 year old, I have to be around just in case she needs me, at he moment she is on antibiotics, she is up and down with a chest infection, I have to go with her for a chest xray on tuesday.

[chrissa1]

http://www.inbrief.co.uk/court-proceedings/witness-summons.htm

Have a look at this.

[boxtops]

sounds like you have to go, josaphine - it's unfortunate that your friend told you in the first place that you wouldn't have to attend court, they couldn't possibly predict that five years ago. Cost up how much it will be for the taxis for you and your daughter, then let the solicitors know your circumstances.

[EDDIE51]

If you get a witness summons you HAVE to go, but you can claim expenses for loss of earnings , travel for you and your daughter's school, accommodation, and care of the elderly relative. You can get the expenses in advance if you can not get there with out them. You can claim for a Taxi there and back every day of the case if necessary.
This sounds like a county court case so if you fail to attend you can be put in jail for contempt of court.
Phone the court and explain all the problems and ask them what can be done to help you, they get problems like this all the time so they will be able to help

[josaphine32]

ok, thanks all, looks like I have to go then, Deep Joy!!! I will contact th court on monday o explain the problem's and hopefully they can come up with funding before hand, Thank you Eddie, It is character witness, and in a county court,

[EDDIE51]

Thinking about this it is probably better to contact the solicitor first and explain all your problems. You say it is a 3 day trial, I don't think you will be needed on all 3 days. The first day will be just the lawyers getting a 'timetable' together as to when they will need the witnesses etc. The solicitor should be able to give more as to when and for how long you will be needed.
I was summoned as a witness at Luton and I had to phone in each evening to see if I was needed the next day, in the end I didn't need to go at all.
The trial may not even happen, the defendants may make an increased offer at the last minute which is accepted , this is quite common.

[Nini74]

the solicitors will arrange to reimburse you for travel expenses, loss of earnings etc. i would certainly speak to them first, see if there's anyway that they can agree with the other side's solicitors that your witnesse evidence can be written only, but if not, see if they can arrange to make sure you're called as a witness on the first day so you only have to worry about one day. just phone the solicitor and i'm sure they'll put your mind at rest and sort something out for you... x