Court Subpnoeas & Expenses

[taytoman]

I have been given a subpnoea for a high court case in november, and told to attend at a given date (as have a long list of other individuals). It appears that this case could go on for several days. The plantiff is not taking the case throu a solicitor but appears to be running it themselves!

I am basically a technical witness on a personal injury claim from years ago, and it is nothing to do with my present employer. The subpnoea says "my expenses" will be paid.

Basically, I have to take one or more days holidays from work, and spend several hours going throu notes in my own time, and hang around the four courts paying for meals etc. This highly inconveniences me & my current employer.

Basically, I have 3 queries

1. Can I only claim say meals & transport expenses, or can I claim for my professional time (cost of one or more days holidays in current employement?or say cost of technical / professional witness attendence for one or more days in court ?)

2. Can I say I am only available on day x (first day of case), or have I no control over this?

3. What about future court dates (or future cases) where I may have booked holidays abroad with no re-fund possibility, and I get a subpnoea 2 weeks before?

 

[onq]

I would be very wary of getting involved in a High Court case where the plaintiff is running the case. These things seldom end well and you may well be out of pocket.
Put it like this - if the plaintiff was in funds and the case looked like a winner, why is there no legal representation involved?
I advise taking legal advice yourself before appearing in court and doing a run through before swearing.

Have you been invited to make a sworn declaration for the book of evidence?
This can be a very useful exercise for all involved, but there's no barrister.

Re your question, and subject to the aforesaid legla advice -

1. Try getting written assurances to include your time - why should you be out of pocket - but make sure this is not dependent on expenses being awarded - its the plaintiff's case and your time.
2. Courts are reasonable, and often the barristers will try to run the case to accommodate witnesses and won't keep the loitering - but you have no barrister running this.
3. Take them as they come but do the groundwork on the two points above and you should be better prepared next time.


ONQ.

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.