ChatterBank1 min ago
Charging to give evidence
I have been asked to make a statement and give evidence by an insurance company who are defending a civil action for damages against my former employer.
Only my evidence will ensure the claim is not upheld and so save the insurance company several million pounds. Is there any law that does not allow me to be paid by the defendants to provide the evidence they need to win?
Only my evidence will ensure the claim is not upheld and so save the insurance company several million pounds. Is there any law that does not allow me to be paid by the defendants to provide the evidence they need to win?
Answers
1 to 6 of 6
Best Answer
No best answer has yet been selected by proneto. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
-- answer removed --
He wants the insurance company to pay him to give evidence.
Expert witnesses get paid for their expert opinions in their own field - but they are not directly involved with either side.
Highly unethical for the insurance company to pay you if you are not such an expert witness. It would amount to bribery.
Expert witnesses get paid for their expert opinions in their own field - but they are not directly involved with either side.
Highly unethical for the insurance company to pay you if you are not such an expert witness. It would amount to bribery.
Get advice from (non insurance) company lawyer before you give evidence against any oprocess with a former employer.
Be clear that you do not breach any duty, implied or express, in trhe contract of employment.
Be clear you dfo not leave yourself oipen to employer coming after you - for any reaosn - while the insyurance company clears off.
Good luck. I hope you succeed. I hope you give evidence. Too many companies gt away with bad practice. Only former employees are truly in position to expose same.
To be paid for the evidence? I would say 'No.' They could treat you as some type of consultant/advisor in the matter, depending on the technicality, complexity etc. You coukld reasonably expect to be compensated for days away from work, or for travel and subsistence. Be careful for yourself on everything else.
Be clear that you do not breach any duty, implied or express, in trhe contract of employment.
Be clear you dfo not leave yourself oipen to employer coming after you - for any reaosn - while the insyurance company clears off.
Good luck. I hope you succeed. I hope you give evidence. Too many companies gt away with bad practice. Only former employees are truly in position to expose same.
To be paid for the evidence? I would say 'No.' They could treat you as some type of consultant/advisor in the matter, depending on the technicality, complexity etc. You coukld reasonably expect to be compensated for days away from work, or for travel and subsistence. Be careful for yourself on everything else.
-- answer removed --
A witness cannot be paid to give evidence - think about it, how would a court know if you were telling the truth if you were being paid by one of the parties to give evidence on their behalf. What would you do if the other side offered you more not to give evidence!
What you are suggesting is virtually maintenance & champerty which used to be a crime as well as a tort. It isnt a crime any longer, but such an arrangement could amount to attempting to pervert the course of justice or as others have pointed out bribery. In any event in civil law such an arrangement would be unenforceable so if you didnt get your bag of gold there would nothing you could do about it
What you are suggesting is virtually maintenance & champerty which used to be a crime as well as a tort. It isnt a crime any longer, but such an arrangement could amount to attempting to pervert the course of justice or as others have pointed out bribery. In any event in civil law such an arrangement would be unenforceable so if you didnt get your bag of gold there would nothing you could do about it
1 to 6 of 6
