The answer to this question starts with “evidence”. It is not necessarily who is right and who is wrong, but who can prove the allegations.
When we first ask someone how they are going to prove their case, they often say ‘someone told me’. This is considered hearsay which is not admissible (other than in a few select situations).
The best evidence is where there is an original document supporting your case. Any witness giving evidence, must do so from their own observations (I saw, I heard, etc). Also, even though it may be with the best of intentions, if the witness does not remember something, they should say so. Otherwise, the witness may come undone in cross examination and the Court will have no other option but to place less weight on their evidence, if at all.
So, the best way to win your case is to prepare your evidence early, and to try find the best evidence possible. Not only will this increase your chances of winning your court case, it will also reduce your legal costs in the long run – the better your evidence is, the more likely you can achieve an agreed outcome.
By Sylvia Hoefnagels
Should you wish to download a copy of this article click HERE.