Content Hub/Witness Statements FAQ/What if the other side’s witness statement isn’t true?

Monday, July 14, 2025

What if the other side’s witness statement isn’t true?

It is almost inevitable that you and the other side will have different accounts to give the tribunal of what happened (or did not), or you have different recollections as to what was said. This is normal: indeed if everyone agreed, it is unlikely you would be in a legal dispute with them!

It is also unlilly that, before hearing the evidence, the tribunal would agree with one party or another as to whether the witness has lied.

The way to challenge the matters you think are incorrect is to compare your statement with theirs, not any difference in the accounts and find contempraneous evidence that supports you account or undermines theirs.

You will be expected to challenge the witness when you are asking them questions as to the difference in their account to yours. You will hear this called "putting the case": you have to put your case to the other side's witnesses, so they can comment about what you say happened.

If you "put your case" you will be able to comment upon the difference in avccounts in your closing submission.

if the tribunal were to make findings of lying against a witness in a material matter, the other party could apply for costs

Disclaimer: Please note, none of the answers on this page or connected pages are legal advice, and whilst reasonable steps are taken to ensure its accuracy at the time of publication, the law changes regularly

🧭 Navigating your Claim

⏳ Chronology of a Claim

Click the button below to view the resources relevant to the stage your claim is at, and what is ahead of you!

🤝 Informal Resolution

Try to settle the dispute without starting a claim.

📝 Presenting a Claim

Not able to resolve your issue? Then set out your complaint by completing the ET1 and respond with an ET3

🗂️ Case Management

Once the claim has started get the roadmap for your case at a Case Management Hearing ("CMH").

⚖️ Preliminary Applications and Hearings

The CMH may identify specific issues to resolve before a Final Hearing, like strike-out or employment status.

📂 Disclosure

You will be ordered to exchange all relevant documents with the other side.

🗣️ Witness Statements

You will need to write a detailed account of your evidence before the Final Hearing and possibly any Preliminary Hearing, and send it to the other side.

🏛️ Final Hearings

This is when your case is decided by the tribunal.

💷 Remedies

If you win, this stage decides compensation or reinstatement

🔁 Appeals

You may be able to challenge the outcome — but only on limited grounds.

🎥 Other Resources

📚 Free Guide 📘

Click here for my free tribunal guide.

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