Disclosure of Evidence
As a “Claimant”, there is a duty on you to “prove” your claim. Basically, your opponent has to see that they have a “case to answer”. Your “proof” maybe just your account of the events. However, your evidence will be stronger if there is someone who can confirm what you are saying “from what they saw”. (Exchange of Witness Statements)
This also goes for the financial losses and expenses that you are claiming. You have a duty to disclose to your opponents any evidence that you have in support of them. The better the evidence (for example, receipts, photographs, witness statements) you have, the better your chance of being able to recover that loss. We will prepare for you a “Schedule of Loss” or “Schedule of Special Damages”. This lists the losses and expenses you are claiming. You should ensure that, as early on in the case as possible, you provide us with as full information of this as possible. This document will be disclosed when your claim is registered at the Court but can be updated throughout your case. It will normally be disclosed as soon as we are able to finalise it and disclose it to your opponents.
At the appropriate stage in the Court timetable, we will prepare for you a “List of Documents” or “Disclosure List”. This will list all the evidence you have in support of your claim (excluding medical reports and witness statements).
Statement of Truth
Both the List of Documents/Disclosure List and the Schedule of Special Damages/Schedule of Loss are important documents. They contain a “Statement of Truth” that can only be signed by you. They state that what you put down there is accurate and correct. To sign this, when you know that it is inaccurate and/or incomplete, is perjury – lying to the Court. Not only does it run a serious risk of damaging your credibility and undermining the prospects of success in your case if found out but ultimately the Court could take a very dim view and apply its own sanctions in the most serious of situations. If you have any questions, you should speak to your case handler.
