Witnesses

Just a quick question about witnesses at appeal hearings, as I have repped at numerous appeals but never had one where the client wanted to call witnessess before.  My client wants to call her sister, and possbly a neighbour, to give evidence at her appeal which is about co-habitation.  (I realise the sister will be seen as somewhat biased but its a case of every little helps).

I know that the witnessess will probably be asked to remain outside until called, and may have to swear an oath, but would there be any problem with them travelling to the venue with my client, and waiting with us in the waiting room?  I am assuming not but thought it best to check!  Anything else I should be aware of?

Collusion and rehearsal of evidence is always a risk with witmesses in any jurisdiction and you can assume the tribunal will allow for it in the assessment of evidence. Indeed you should be rehearsing the evidence. Nothing worse than calling a witness in your favour who then torpedoes your case. So don’t worry about pre-hearing contacts - which can hardly be prevented in the case of family members. Same goes for the other side of course - the PO can be expected to have rehearsed the visiting officers/fraud team if they are giving evidence.

Yes, probably expect the witness to be kept out until called but not always - if a family member needs to be there for general support of the claimant they can be allowed to be present throughout. Expect to sort this out in a brief pre-hearing discussion.

Don’t assume evidence will be given on oath - most chairs round here don’t bother, even in high profile cases: some insist however.

We recently had very effective, and probably decisive, evidence given in a cohab appeal given by the claimant’s 16 year old daughter.

Richard Atkinson

Thanks, that is pretty much what i assumed would be the case.