The judge or the other party can ask questions about the content of the statement, check any facts, or ask the witness to expand on something they have mentioned. 61. 47. This guidance relates to matters connected with evidence and in particular addresses the following issues: 5. Instances where this would be appropriate have been highlighted above and may include, but are not limited to: where the applicant has not submitted any supporting documentation to establish that they were resident in a relevant care setting; or that the documentation that they have produced does not apply to each relevant care setting named within their application for an individually assessed payment; or where they have been unable to submit any supporting documentation to establish who arranged and paid for their placement at a private fee-paying boarding school. 78. where an applicant was migrated whilst they were a child in care in Scotland, passenger listings or other migration documents which contain reference to the relevant care setting in Scotland from where the migration took place. Criminal convictions relating to abuse occurring within the care setting; Findings of liability within previous civil cases relating to abuse occurring within the care setting; Relevant findings published by the Scottish Child Abuse Inquiry in relation to the care setting; Relevant inspection reports or other records noting concerns regarding the care setting. The Scottish Government also provides other business and administrative support; but it is not involved in making decisions on applications. Your cookie preferences have been saved. 3. In those circumstances, in the absence of supporting documentation relating to each of those individual settings, applicants may be able to obtain documentation relating to the relevant responsible organisation. The application must include a witness statement that addresses the three stages of the test and provides an explanation for the breach. This is often undertaken by trainee lawyers or precognition officers employed by firms; anecdotal evidence suggests many of these are former If you think that you may be a vulnerable witness, you should discuss this with the person citing you in a case. Whilst the civil standard of proof applies, redress operates in fundamentally different ways to traditional civil legal action. For some applicants who were abused whilst resident in more than one relevant care setting, those settings may have been the responsibility of a single organisation, for example, where an organisation ran multiple children's homes. This is likely be the result of an application being made by either party for an order from the tribunal requesting that witness statements are exchanged between the parties. Some forms of evidence will be of such value that it is unlikely that any further evidence would materially strengthen the application, e.g. 16. Witness evidence must be submitted in the form of a witness statement. Last updated on 06/12/22. 103. Parent company guarantees (PCGs) in constructionIn the construction industry, parent company guarantees (PCGs) are commonly given to the employer by the main contractors holding company to guarantee the performance of the contract by the subsidiary main contractor. Former US president Donald Trump is due to arrive in Scotland as he visits his golf courses in the country. History of the judiciary in England and Wales, Judiciary and Data Protection: privacy notice, Health, Education and Social Care Chamber, Upper Tribunal Administrative Appeals Chamber, Upper Tribunal Immigration and Asylum Chamber, War Pensions and Armed Forces Compensation Chamber, PH Agenda for Equality Act claim (claimant), Agenda Completion Guidance for Equality Act Claim (claimant), PH Agenda for Equality Act claim (respondent), Agenda Completion Guidance for Equality Act claims (respondent), PH Agenda for Public Interest Disclosure Claim (claimant), Agenda Completion Guidance for Public Interest Disclosure Claim (claimant), PH Agenda for Public Interest Disclosure Claim (respondent), Agenda Completion Guidance for Public Interest Disclosure Claim (respondent), PH agenda for Equality Act AND Public interest disclosure claim (claimant), Agenda Completion Guidance for Equality Act and Public Interest Disclosure claims (claimant), PH Agenda for Equality Act and Public Interest Disclosure claim (respondent), Agenda Completion Guidance for Equality Act and Public Interest Disclosure Claims (respondent), Practice Direction in connection with the use of witness statements, Presidential Practice Direction Electronic Signatures, Practice Direction: Fixing and Conduct of Remote Hearings, Presidential Practice Direction (Scotland): Presentation of Claims, Employment Tribunals (Scotland) Direction of the President: Holiday Pay Direction, Presidential Practice Direction (Scotland) Addresses for serving documents in special cases, Employment Tribunals (Scotland) Practice Direction No. They can take a long time. This may be because the supporting evidence is not sufficient, or the events described are not eligible, or the information is not sufficiently robust to allow Redress Scotland to be satisfied to the required standard of proof. The Act specifies different types of information which can be requested. Where the statement within, or attached to, the application form is for any reason incomplete, unclear or otherwise does not allow Redress Scotland to make a determination of eligibility to be offered a redress payment, Redress Scotland may ask case workers to request further information from the applicant. The objective of police deployment within courts is to provide public reassurance, maintain public order and prevent intimidation. 55. Case workers are available to assist applicants, if the applicant wishes, to obtain documents which must be provided with the application or which may support the application. 80. Protocol on access to information - A guide for victims and witnesses (DOC) WebTalking about child abuse can be painful and distressing. There are specific rules for witness statements where the witness does not speak English or has limited English.
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