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#1 Posted : 17 February 2004 15:54:00(UTC)
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Posted By Zoe Barnett I am due to make my first appearance in court (as a witness for the defence I hasten to add) in a compensation case my employer is defending. Although I am sure of my ground from a health and safety point of view, I am frankly petrified at the idea of actually giving my evidence. Has anyone out there been there, done that, and can give me some tips before I end up getting done for contempt of court when I do a runner?
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#2 Posted : 17 February 2004 16:16:00(UTC)
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Posted By Ethne D'Arcy Zoe Been there, done that in a previous existence! The best advise I can give is listen carefully to the question and only give them the information they request. That way you won't give the wrong answer in your eagerness to 'get it over and done with'. Also take a deep breath as you consider your answer. This will help to keep you calm. Don't let them fool you into thinking they're friendly either. In my experience they were wolves in sheeps clothing. Good luck. Ethne
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#3 Posted : 17 February 2004 16:31:00(UTC)
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Posted By Eric Burt Zoe I have a Powerpoint presentation and some notes for a witness preparation session that we have. I'll send it to you directly. Good luck!! Eric
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#4 Posted : 17 February 2004 16:35:00(UTC)
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Posted By Karen Todd Zoe, IOSH have courses such as Courtroom Skills: Presenting Your Evidence; Witness Box Survival: Cross-Examination on Your Evidence, Policies and Procedures; Getting Your Case into Court-Ready Action in their Courses Programme but you maybe can't get on one in time. Regards, Karen
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#5 Posted : 17 February 2004 16:43:00(UTC)
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Posted By John Allen Zoe, Preparation is the best defence. Write down everything you know about the accident and get a friend to ask you questions on it as if you were in the witness box. Then look at the information as though you were on the other side. If you were representing them how would you make the case and what questions would you ask. What are the weak points in your case? Make sure you have the answers. I would make sure you find out from your employer or his lawyer whether you are being asked to give evidence on a purely factual basis ie things you have seen for yourself or if you are being cited as an expert witness in which case you may be asked for your opinion. Confine yourself to the questions asked and don't volunteer information that you have not been asked to give. Courts are generally less formal and dramatic than they appear in TV and films. The court room is unlikely to be packed with members of the public. It's a poor judge who does not take into account the fact that the witness is likely to be nervous and he is unlikely to allow a counsel to hector you, especially if you are not there as an expert. Finally most cases settle out of court beforehand or even "on the steps". It's much cheaper. When you get into court with a QC or senior advocate the meter is spinning like a demented thing and you can easily rack up thousands in cost in now time. The firm's lawyer will know this and take it into account in determining whether to settle. Good luck!
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#6 Posted : 17 February 2004 21:06:00(UTC)
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Posted By Merv Newman Zoe, I have absolutly no advice to give you except to "have a nice day". Do they award CPD points for court appearences ? Very Best wishes Merv Newman
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#7 Posted : 18 February 2004 12:28:00(UTC)
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Posted By Bob Youel You can make your own notes and USE them in court - this will help a first timer - Additionally visit a number of different courts to get a feel for the process - Remember lawyers get paid lots of £ and they only concentrate on the particular case in hand - dont try to be anything but truthful and only answer the question asked - ask them to clarify if you are not sure.
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#8 Posted : 18 February 2004 14:27:00(UTC)
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Posted By Ken Taylor I've never got beyond hours of preparatory work, interviews with lawyers, etc - followed by settlement just before the event. Let us know how you got on if you do go 'all the way'. The IOSH Public Services Annual Symposium covered this subject a couple of years ago. Perhaps they have some of the speaker's notes still available. The advice offered by those above all sounds good and I can also remember being told to always reply to 'The Court' (ie the Bench, Judge, Jury, etc as applicable) and not the interrogator.
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#9 Posted : 18 February 2004 15:06:00(UTC)
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Posted By Nigel Hammond I went to an expert witness course run by Bond Solon Solicitors in London a few years ago - but I have not have the delightful experience of standing in a real court! A couple of points that I remember from the course were: 1. If barristers get a bit nasty - recognise it as 'tricks of the trade' and not a personal attack (easier said than done!). For example: > I gather they may ask questions on the edge of your expertise so you end up giving shaky answers. -so if it is outside your area of expertise, I would say so. >They also like clichés like "you would say that wouldn't you!" with a raised angry voice- so make it clear if what you say is based on facts or an opinion. >They may also try to discredit your experience by asking how many cases involving a specific topic you have done before - knowing the simple answer might be 'none'. I would be inclined to answer like "I have been a practising H&S adviser for 20 years etc etc" before finishing your answer and admitting you have no experience in the topic they are pressing on. 2. I was told to remember the three most strong points of your client's case so you steer your answers back to those points. This seems to contradict what others have said on this thread about sticking to the questions - so it would be interesting to hear other views. I could be talking rubbish because I've never stood up in court! - so don't take my suggestions too seriously. Just hope it may help. Good luck!!
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#10 Posted : 18 February 2004 19:05:00(UTC)
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Posted By Andrew J Blair I recently had to go to court to appear as a witness for a health and safety prosecution case. I was actually a witness for the prosecution even though it was my company being prosecuted. It is a very intimidating environment. The best advice I can give is to listen very carefully to the questions and instructions from the Crown Prosecutor and Court. If you do not understand then get them to repeat or rephrase question, there is no shame in doing that and they will completely understand. Also, think carefully before you answer. If they have asked you a question which can only have a yes or no answer, then only answer yes or no. Do not try to justify your response. It is up to your defence counsel to ask the approprite questions to clarify your answers. Above all, keep your answers short and concise. Do not try to argue or make a joke. The judge (or Sheriff in Scotland) will not like his authority questioned in his court. Be very respectful to the Judge and call him/her sir or ma'am, M'Lud or your honour. They don't respond well to Your Majesty or Alright Mate. My last bit of advice is to sit down if you can. I had to stand up for 3 hours solid and it became very uncomfortable. Do not be afraid to ask. Good Luck
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#11 Posted : 19 February 2004 09:14:00(UTC)
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Posted By Eric Burt Zoe To get a general feel for the aura of a court-room, give your local HSE inspector a ring and ask them if they have any cases coming up. I've done this a couple of times and have found it to be very useful. It depends on how well you know them, but they may be able to give you some background to the case as well. It's also very useful for students doing the NEBOSH Certificate / Diploma. Good luck. Regards, Eric
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#12 Posted : 19 February 2004 10:28:00(UTC)
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Posted By Zoe Barnett Thank you all for your advice - I am feeling much better, but still hope that the claimants see sense and settle out of court! Still, it's a good excuse to buy a new suit...
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#13 Posted : 21 February 2004 23:06:00(UTC)
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Posted By Ken Taylor Presumably a law suit, Zoe?
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