A driver has brought a claim against a defendant due to a car accident. A bystander, sitting on a park bench nearby, witnessed the accident. The case has progressed and the signed witness statement of the bystander has been served. The trial date is approaching and the solicitor for the claimant has received notice of it. They want to issue a witness summons to the bystander who has expressed willingness to attend the trial, but only if they are paid for their attendance.
What is the legal position regarding the compensation of witnesses?
A driver has brought a claim against a defendant due to a car accident. A bystander, sitting on a park bench nearby, witnessed the accident. The case has progressed and the signed witness statement of the bystander has been served. The trial date is approaching and the solicitor for the claimant has received notice of it. They want to issue a witness summons to the bystander who has expressed willingness to attend the trial, but only if they are paid for their attendance.
What is the legal position regarding the compensation of witnesses?
A witness can be compensated for expenses of attending trial and for their loss of time in attending trial.
(D)If a party wishes to summon a witness to give evidence at trial, they may request the court to issue a summons. However, it is important to note that the party must also send the witness an appropriate amount of money to cover their expenses, which is known as 'conduct money'.
The conduct money must be sufficient to cover the cost of the witness's travel to and from the court, as well as the amount the witness will lose by attending, which is usually their income. There is a maximum amount which can be paid for conduct money, and additional sums for subsistence or overnight stay may also be payable. If the conduct money is not included and tendered to the witness, the witness summons is not effective.
(A) is incorrect because a witness may receive compensation for certain expenses and losses, as described above.
(B) is incorrect because a witness may be compensated for lost time from work.
(C) is incorrect because expenses may be compensated.
(E) is incorrect because the compensation must be made upfront.