A carefully prepared witness statement can greatly influence the result of your application. It can improve your legal case by supporting your claims, challenge opposing arguments, and give helpful insights to the court as to the reasons for having a case to defend.

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In this article I will explain having not just a witness statement, but a strong witness statement is crucial for an application to set aside a default judgement CCJ.  You will learn about how a well-crafted witness statement could be a game changer for your case

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So let's dive in:

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• How to challenge the Claimant’s evidence

• Offering extra details that may have been missed

• Influencing the court

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Strengthening your case

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When you are seeking to set aside a default judgment CCJ, your witness statement is key to making a strong case. It offers a chance for you to present your side of the story and balance out the Claimant's account. Here’s how:

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• In your statement, focus on explaining why you couldn't respond to the claim on time. Were there communication issues? Personal problems? Logistical challenges? Support your statement with evidence. Sharing these details helps show the court that you didn't ignore the claim out of carelessness or disrespect for the legal process.

 

• In my experience you shouldn’t shy away from addressing the Claimant's evidence. You can rebut the evidence by giving your version of events, highlight any gaps or inconsistencies in their story. This could create a more complete picture for the court and make it reconsider the reliability of the Claimant's account.

 

• In some cases where the Claimant has presented a one-sided story, your witness statement can challenge this narrative. It might reveal facts that contradict the Claimant’s claims, casting doubt on their version of events. For example, you can show evidence of your positive action of taking prompt steps to contact the court, the Claimant. This will include seeking legal advice and help to file your application as soon as you became aware of the default judgment CCJ.   This can be crucial in swaying the court's opinion, especially in situations where the case isn't clear-cut.

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Opportunity to provide more details

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Make sure to explain why you think you can successfully defend against the claim if given the chance. Here’s how:

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• Provide concrete details or evidence to support your defence. This shows the court there's more to consider than what was presented when you weren't around to initially defend yourself and the default judgment was entered.

 

• demonstrate in your witness statement how you took steps to act quickly once you learned about the default judgment. You might want o explain your previous attempts to resolve the matter with the Claimant or circumstances that made a timely response impossible.

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Create an impactful witness statement for the hearing  

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The following elements I find can have a powerful impact on the court's decision when presented with a strong witness statement. Here's how:

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• you can provide a clear, first hand account of why you missed the deadline to respond. This could be due to an unexpected illness, a family emergency, or a mail delivery issue. Such personal stories often resonate with the court, helping them understand that the default wasn't intentional.

 

• The impact of a strong statement often extends beyond the courtroom. For example, I have helped my clients wield more favourable outcomes in settlement negotiations without the need for a full trial.

 

• Lastly, you can offer up new information that wasn't available when the default judgment was made. This new information can show the court that there's more to the story and that you deserve a chance for your side of the case on its own merits to be heard.

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To summarise

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Your statement serves multiple crucial purposes:

 

• It provides a clear, detailed account of why you couldn't respond to the original claim, helping the court understand that your default wasn't intentional.

 

• It directly addresses and potentially undermines the Claimant's evidence, highlighting any inconsistencies or omissions in their version of events.

 

• It offers vital context that may have been missing when the default judgment was made, painting a more complete picture of the circumstances.

 

• It demonstrates your prompt action upon discovering the judgment, showing your respect for the legal process.

 

• It outlines why you believe you have a real prospect of successfully defending the claim, giving the court a reason to allow a full hearing.

 

Remember, judges are looking for justifiable reasons to set aside a default judgment CCJ. Your witness statement, when prepared thoughtfully and comprehensively, can provide those reasons. It can tip the scales in your favour, especially in cases where the decision isn't clear-cut.

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In the end, your well-prepared witness statement could be the decisive factor that convinces a judge to set aside the default judgment, giving you the opportunity to fully present your case and seek a just resolution to the dispute.

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Why don’t you share your experiences in the comments below or connect with me if you need help crafting a compelling witness statement for your application and to learn more about how to effectively set aside a default judgment CCJ

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