DaveG Posted June 15, 2014 Share Posted June 15, 2014 Hi, Any legal types out there ? - If so I realise any advice is not binding and 'unofficial' but I could do with it anyway ! My son was in a school dining hall last year when some other lads were chucking a cricket ball between themselves ( daft I know...) The ball hit another student on the head and landed him in hospital as he had some other pre-existing med conditions which meant that a knock like this was actually more serious, for him, than normal. The parents complained to school, school, denied negligent responsibility saying it was a very unfortunate accident, parents then moved schools and took out a damages claim against school ( pretty substantial i understand). Their gist is that the room was unsupervised although how a school is supposed to supervise all areas at all times is beyond me.... My son was contacted last October and asked some questions over the phone by the complainants solicitor. We heard nothing until this week when a statement transcript appeared from the solicitor asking my Lad ,whos now 16, to sign up to the statement and possibly appear in court. MY QUESTION... does he have to comply with the request to supply this statement ? Would he be in breach of the court process to refuse to take any further part in the issue? We've had no conversation with the school or the complainants but, the fact is, that he will need to be around the school for at least another 2 years, he's really happy there and I'm concerned that this issue will result in peer pressure and a perception by the school that he's stirring trouble for them by taking part. To be honest I feel it's pretty unfair of the complainants to involve him despite the fact that I feel sorry for them with regard to the injuries sustained by their own son... ANY THOUGHTS ? ( peferably sensibl;e and constructive....) Cheers Dave Link to comment Share on other sites More sharing options...
Guest Posted June 15, 2014 Share Posted June 15, 2014 You do not have to provide a statement. You may be summoned to court as a witness, and that you MUST attend. By not signing a statement either the solicitors will leave it at that, or decide to call him as a witness, using the fact he would not sign a statement as some sort of implication he is being intimidated... As for your comment about peer pressure,it is a criminal offence to intimidate a witness. Unless the school has no insurance and no sense I can't see any reason not to be a witness. After all all you are doing is telling the truth as you see it. Damages would be covered by insurance cover, not the headmasters pocket. Some will say that providing statements as a witness whilst not compulsory, is a 'civic duty'. That is for you to decide. Edited by - Stridey on 15 Jun 2014 13:00:35 Link to comment Share on other sites More sharing options...
Ed White Posted June 15, 2014 Share Posted June 15, 2014 Answer the questions in an honest way depending upon what he saw. That's how the British legal system works. Imagine if it was you asking for your son, your car etc. if their son has sustained serious injuries, they have probably incurred costs that they are genuinely looking to recover. Whilst we live in a claim and blame society, not all actions are because of this attitude. Link to comment Share on other sites More sharing options...
Leadership Team Golf Juliet Tango Posted June 15, 2014 Leadership Team Share Posted June 15, 2014 Quoting Ed White: Answer the questions in an honest way depending upon what he saw. That's how the British legal system works. Imagine if it was you asking for your son, your car etc. if their son has sustained serious injuries, they have probably incurred costs that they are genuinely looking to recover. Whilst we live in a claim and blame society, not all actions are because of this attitude. That is very good advice. Link to comment Share on other sites More sharing options...
Tim Sture Posted June 15, 2014 Share Posted June 15, 2014 A key (in my opinion) question is whether the statement is absolutely objective or "slanted" - if you weren't happy with any element you shouldn't sign anyway. Should be strictly factual. And I agree with what the others say Link to comment Share on other sites More sharing options...
DaveG Posted June 15, 2014 Author Share Posted June 15, 2014 Thanks All for your sensible advice and comments. I'm pretty much on the same page too although it's a bit closer to home when it's your own family and friends involved. We've brought him up to tell the truth whatever the consequence so I guess it's time to put it into action. Just wish we'd not become piggies in the middle though ! Best wishes to all Dave Link to comment Share on other sites More sharing options...
wag Posted June 15, 2014 Share Posted June 15, 2014 Good experience, without the worry and expense of being a party to the action. Link to comment Share on other sites More sharing options...
badger Posted June 15, 2014 Share Posted June 15, 2014 Chances are that it will never get near a courtroom. The school will have liability cover, and the insurers will settle early (assuming there is a reasonable case against them) to avoid racking up the legal bills. So if your child is comfortable with his eventual statement, the likelihood of him being cross examined are somewhere between blob and zero! Link to comment Share on other sites More sharing options...
I reply to every thread Posted June 15, 2014 Share Posted June 15, 2014 Quoting Ed White: Answer the questions in an honest way depending upon what he saw. That's how the British legal system works. No it doesn't. The (English and Welsh, if we are being specific) system works on advocates getting the answers they want so as to be able to get the results their client desires. If he declines to give a statement they won't call him to give evidence because they have no idea what he will say. Link to comment Share on other sites More sharing options...
Ed White Posted June 15, 2014 Share Posted June 15, 2014 And that Aves, is why I'm an engineer! Hope you are well Link to comment Share on other sites More sharing options...
the_village_idiot Posted June 15, 2014 Share Posted June 15, 2014 Quoting AVES: Quoting Ed White: Answer the questions in an honest way depending upon what he saw. That's how the British legal system works. No it doesn't. The (English and Welsh, if we are being specific) system works on advocates getting the answers they want so as to be able to get the results their client desires. If he declines to give a statement they won't call him to give evidence because they have no idea what he will say. The second one. Link to comment Share on other sites More sharing options...
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