A pre-hearing review was arranged to consider an application to extend the wordlimit in the claimant’s witness statement and, if granted, to determine the word -limit to be imposed for the witness statement and/or to strike -out and not admit in evidence at the substantive hearing the claimant’s witness statement, in whole or in part and/or to give such further case-management directions/orders, as might be necessary and appropriate. Citing the case of Carol Crockett v Police Federation of Northern Ireland and Another [Case Reference Nos: 557/13 and 1279/13] [2013] NIIT] the tribunal stressed that the use of word-limits was merely a tool to enable the tribunal to properly case-manage the substantive hearing. There was agreement between the parties that the standard word-limit of 5,000 words was not sufficient in the matter given the issues in the case. There was disagreement between the parties about ‘background events’ in the case (which ultimately involved sex discrimination). However, it was accepted by all that if, instead of constituting ‘background events’, these were in fact distinct acts of sex discrimination then the tribunal was in no position to decide any issue regarding the length of witness statements at a pre-hearing review. It was decided that any issue, arising in relation thereto, would require to be determined, if necessary and appropriate, at the substantive hearing of this matter. Whilst the chairman was not in a position to decide the issue, he intimated that it would be inappropriate to conduct what would have been, in essence, a ‘red pen type exercise’ in editing the contents of a statement. Practical lessons from this decision: The tribunal, whilst leaving the matter to the substantive hearing, intimated that the standard length of 5,000 words for witness statements was malleable and could be extended where the complexity of issues in a case demanded it. Where there is a dispute between the parties as to whether issues in a case were ‘background’ or ‘substantive’ then a pre-hearing review is not the correct venue to decide such matters. How certain facts are classified will undoubtedly affect whether they merit inclusion in a witness statement and consequently the statement’s proper length.
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial