Posted By safetyamateur I have to attend a civil claim (slip/trip, nasty fracture) against my employer as the corporate safety witness. With little experience in the chair (they don't usually want me around as I'd end up a witness for the claimant!), I'd be very interested in your thoughts on preparation, people. The solicitors have decided to add an element of excitement by conducting witness briefings on the very morning of the first day.

Posted By Raymond Rapp Presumably this is an employee accident claim? Seems strange circumstances to be a witness against your employer, as you have already pointed out, probably a very good one. Not familiar with civil claims processes and therefore can't really be much help. My only advice would be to be honest and let the court decide the liability.

Posted By Pete48 I guess you have already written a witness statement and will be appearing as a witness of fact rather than as an expert witness. You will therefore be questioned on your statement. Although the link below is more to do with medical cases there is some useful guidance buried at appendix 2. Doesn't your employer have something similar that you could refer to? Have a word with your HR people I would say. As to the briefing being on the morning, that is pretty normal. Listen very carefully to what is said and try to follow the advice/lead given. http://www.dbh.nhs.uk/Li...Witness%20Statements.pdf

Posted By Warren Fothergill I was 'prime witness' for the defence in a civil case against a company whom I had given advice to, which they had acted upon, much to the dismay of the claimant!! My experience was a call the day before the hearing, and if I couldn't attend they would subpoena me. So spoke to my then current employer who said no problem. I was briefed by the barrister and told to answer the questions with yes/no's wherever possible and don't waffle. Be as clear and precise as you can, listening to what they are asking, because it can get very, very awkward for you. Fortunately, the claimant got her knicers in a twist on the one I attended, and no-one else got in the 'box' as it where, with the judge summising "Miss xxxxx you have changed your story more times than Joan Collins has changed her underwear". She paid costs of circa £5k but I witnessed a decent barrister rip her and her council to shreds!!! Cheers Wazza

Posted By Graham Bullough From past experience of giving evidence in court I can confirm that sometimes the questioning can be daunting and make you feel as though you are an accused person. Quite a number of years ago I was summoned to give evidence at a compensation case on behalf of a worker who had lost a foot in a construction site accident. His barrister asked me various questions about my investigation of the accident as an inspector for HSE. So far so good. However, when the barrister started to ask about the fact that the investigation led to the worker's employer being prosecuted and convicted, the employer's barrister kept standing up and objecting. This was somewhat disconcerting for me, and it wasn't long before the judge intervened to tell the "jack in a box" barrister to stop objecting because the line of questioning was fine though obviously detrimental to the employer's defence against the claim. The judge then told me that he was in charge of the court. Therefore, I could keep answering the questions put to me until he advised me to stop if any need for this were to arise. It's worth adding for anyone who is summoned to give evidence that some time can elapse between the date and time you arrive at court as instructed and when you are actually called to start giving evidence. In some cases, the time interval may be in days and not just hours. Therefore, take plenty of reading material for what might be a long wait. Also, once in the waiting room, you are expected to remain there apart from during official breaks as advised by the court officials. Nipping out for a breath of fresh air or a wander round the local shops would almost certainly land you in trouble, especially if you are out when called to go into the court. Also, allow time on arrival to queue for and be screened by the airport style security system at the court building, and have a think about what you have with you. When I last went to a court, I'd forgotten to leave at home the small penknife which I usually carry. I felt a bit of a dillock when the security people found and confiscated it. However, I was able to reclaim it when leaving the building later. Another point: For anyone who is unaccustomed to courts, it's worth going along to a court building if you can get time to do so, simply to sit in the public gallery of a court to observe and hear cases. This would give you an idea as to how courts and the people in them operate, and make them less daunting if you are giving evidence in future. Find out in advance if there are any H&S related cases which you could observe. Members of the public don't have to remain in court for the duration of a case. Subject to the availability of seating and keeping quiet, they can generally enter and leave any court when they wish.

Posted By Phil Rose SA Steve gives some good concise advice above. It is daunting, but the judges I have come across have been very fair and understanding. Couple of things - don't call the judge 'sir' if 'he' happens to be a 'she' - especially if you get 'Judge Judy'! oh, and the underpants strategy - if all else fails, wear a pair on your head, pencil up each nostril and - 'Bob's yer uncle. Seriously though - I hope all goes well Phil

Posted By safetyamateur Thanks all. Really useful stuff which I don't recall seeing on here before. Especially fundamentals like time lapses and court rules. I'll report back on my experience. *sotto voce: pants on head, pencils up nostrils, pants on head, pencils up nostrils, don't screw up, musn't screw up*

Posted By Sally Like Lillian I didn't get my day in court as our lawyer decided he didn't need to call me in the end but I have done jury service which gives an interesting insight. Remember that the vast majority of people appearing in a court room have never done it before and judges are very used to dealing with this and putting people at their ease. Just as a matter of interest - how does one address a female judge?

Posted By Messy Shaw All I can add is that when I have been to Court in a previous career, I tended to get to court very early. I would take some bottled water and sit quietly reading any paperwork I have to ensure I am fully briefed. I would hate to get there at the last moment. In Court, answer the questions very briefly, as the more you ask, the deeper the hole you may be digging! In some circumstances (if deemed an expert witness by the Judge), be prepared for some vicious character assassination on you. Do not be freaked out by it. It's only a game. A colleague of mine always .........paused..... between being asked a question and answering it. He believed that it gave him vital thinking time when those awkward questions arrive. He argued that the Judge & jury would think that was the way he answered and they wouldn't notice when he was stumped. I tried that system once and looked like an absolute pillock. So don't try and be flash/clever - be yourself at all times. Good luck