Holiday Sickness Witness Statement

1

What is a witness statement?

A witness statement is a formal document which contains your own account of the facts relating to the issues arising in a dispute. Comments made in your statement should be limited to fact and descriptions based on opinion should be kept to a minimum.

The purpose of the witness statement is to provide written evidence to support your case, that will, if necessary, be used in evidence at court. The statement is a very crucial part of the case, it is, therefore, important to ensure that the statement is accurate and comprehensive. Your instructions in your own words are central to your case success.

2

What is a witness statement for?

This is a signed document recording the evidence of a witness. A definition in the UK is 'A written statement signed by a person which contains the evidence which that person would be allowed to give orally'. Once you have agreed on the final draft of your statement, you will be asked to sign a statement to verify that it is an accurate record of your instructions. This will be used as the basis of the case, to prepare letters and other legal documents, we will also base any advice we give to you on your instructions given in the witness statement.

3

Who needs to give a witness statement?

We will ask the parties who were affected by the illness while they were on holiday to complete a witness statement.

4

I have already answered a questionnaire, do I need to do a witness statement as well?

While a questionnaire still contributes to your cases evidence, these are simply your preliminary instructions which we use to make an initial case assessment. The witness statement provides a signed and formal version of your full instructions which will be used for the basis of your case.

5

How will your statement be prepared?

Typically we will use the evidence gathered in the questionnaire to compile a witness statement on your behalf. Once this is completed we will send this draft to you for your approval, comments and amendments.

Once you are happy with your witness statement we will ask you to sign the document, along with a 'Statement of truth', confirming that the details held within the document are accurate.

6

Who will get to see the witness statement

After the statement has been signed, a copy of it will not normally be disclosed unless the matter is proceeding in court. If this is the case, there would be an exchange of your statement along with all other witness statements to the opposing party, and vice versa. You will then have the opportunity to review the defendant's witness statement. It may be necessary to prepare a supplemental witness statement where, for example, there are factual inaccuracies in the evidence contained in their statements.
7

What is the statement of truth?

This is a statement at the end of your witness statement, which states that the witness believes the facts in the witness statement are true and accurate.

Proceedings for contempt of court may be brought against any witness who makes or causes, a false statement which is verified by a statement of truth.