Q&As

How can you challenge a witness statement in advance of trial or during trial, which is not written in the witness’s own native language?

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Published on LexisPSL on 11/04/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • How can you challenge a witness statement in advance of trial or during trial, which is not written in the witness’s own native language?

How can you challenge a witness statement in advance of trial or during trial, which is not written in the witness’s own native language?

In responding to this Q&A, the procedure which is adopted by the Property Chamber Land Registration Division First-tier Tribunal (the Tribunal) has been considered. The relevant procedural rules are to be found in the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169 (the Regulations) which are supplemented by the Property Chamber Land Registration division First-tier Tribunal—A short guide (the Guide).

The Tribunal is given wide powers of case management. Subject to the provisions of the Tribunals, Courts and Enforcement Act 2007, and any other enactment, the Tribunal may regulate its own procedure. It may give a direction in relation to the conduct or disposal of proceedings at any time. In particular, it may permit or require a party to amend a document. Specific provision is made as to the evidence upon which the parties may rely at any hearing.

The Tribunal may give directions as to the nature of the evidence or submissions it requires, in particular the manner in which any evidence or submissions are to be provided. Finally, the Tribunal may admit evidence whether or not it would be admissible in a civil trial in England and Wales or exclude evidence that would otherwise be admissible where it has

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