Evidential witness statements
At any leaky buildings hearing, witnesses give evidence by reading from pre-prepared written witness statements. These statements may also be called briefs of evidence.
Witness statements from all those who are required to give evidence to prove the plaintiff's leaky home case must be served - everything that is going to be put before the Court at trial must be in a brief.
In the case of the plaintiff, the statement will likely contain factual evidence in relation to the purchase of the leaky building property, the defects, the amount paid to fix the leaky home or property and the stress and anxiety suffered. In respect of experts, they will give factual evidence and also detailed opinion as to the cause(s) of the damage and the liability of the defendants.
The solicitor will assist you with preparing the witness statements. The signed witness statements are served on the other parties a few weeks before the trial.
Sometimes the defendants' briefs will be exchanged with the plaintiff but more usually the defendant will serve their briefs at a later date than the plaintiff. It may be - depending on the content of the defendants' briefs - that the plaintiff will opt to serve further briefs 'in reply'.
Leaky Building Litigation Process
1. Commencing leaky building proceedings
2. Discovery and inspection
3. Interrogatories
4. Interlocutory applications
5. Evidential witness statements
6. Mediation / Judicial Settlement
7. Conference
8. The leaky building trial
9. Leaky building legal costs
10. Role of leaky building experts
11. Damages
If you've got a leaky building dispute, Contact us for a free consultation.
