WHAT EVIDENCE DO I NEED?
Your evidence should be accurate and truthful. Original documents should be taken to court but copies can be submitted prior to the hearing. Do not alter any documents or statements as the defence team may have their own originals.
Before the hearing the court will need copies of all evidence you intend to submit in order to support your case.This evidence will also be seen by the defence team if your case is defended by the other side.If you need to present evidence to the court which you have not declared prior to the hearing you will need to obtain permission from the judge.
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Invoices and bills are usually presented to support claims for overcharging, remedial work or replacements. If the work has been completed final invoices should be evidenced. If work has not been completed interim invoices, estimates and/or pro-forma invoices can be evidenced.
If the claim is for work yet to be carried out, it is advisable to produce three independent estimates for the work. Where remedial work is required to correct poor workmanship it is advisable to obtain a specialist report as detailed below.
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The golden rule is to keep every piece of paper. During a dispute
most people become involved in detailed correspondence in an
attempt
to settle a disputed matter. It is always advisable to give the
other side the opportunity to propose remedy prior to taking
legal
action. This correspondence can be an essential element in the
conduct of the claim and all copies should be carefully retained.
When corresponding with the other side exercise caution if
heading correspondence "Without Prejudice". People often use
this without realizing exactly what it means. If in doubt -
do not use it!
Important correspondence should be forwarded by recorded delivery
and the receipt confirmed - this can be done on line at http://www.royalmail.com
and the receipt printed. Emails are now admissible but try to
get a receipt for confirmation. Faxes are still widely used and
are certainly acceptable in court - although most people send
by fax and post - just to make sure.
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When a claim relies on visual evidence such as legal cases involving the cost of remedial work to property, motor vehicles and other objects which have suffered damage photographs can be accepted in court as a record of damage.
The only problem being that digital photographs can be easily re-touched and clever Defendants may point this out to the judge. Conventional photographs do not provide this argument as the negatives can prove the case.