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CHAPTER

10 Giving Evidence

A person who laughs in the face of adversity
has not understood the problem

Purpose

This chapter is to help if you are ever called to give evidence in criminal or civil proceedings,
including employment tribunals. It contains two very important lessons:

• Litigation is always expensive and worrisome. The old saying, ‘Before litigating, dig two
graves’, is true.

• You should understand that the reason you are required to give evidence is because your
case left your opponents room for manoeuvre.

The best solution

If you have overwhelming evidence that leads to a guilty plea or capitulation, you:

• achieve the objectives of punishing or dealing with the offender and getting your money
back;

• succeed in civil or criminal proceedings;
• establish a deterrent to others.
and remove the need to attend a court or tribunal. This is nearly always the best solution.

Preparing the case

You should take the greatest possible care when preparing of your statement, affidavit or
Proof of Evidence and don’t get carried away with enthusiasm or emotion in the heat of the
moment. Remember you may have to justify every word – under hostile cross examination
– so be sure.

Also tell your legal advisers everything that could be relevant and especially about evi-
dence that could damage your case. If you don’t make a full and proper disclosure to the op-
posing party, you could lose your case on this fact alone.

Also, although you may discuss your evidence with your colleagues, to refresh your mem-
ory and avoid mistakes, you must take the greatest care not to unfairly influence them or try
and get them to say things they do not remember or do not know are true. Similarly, you must
not be improperly influenced.