Witness expenses

In the event that a witness summons is served under CPR 34, the sums to be offered or paid to a witness for his attendance at court are:

(a) a sum reasonably sufficient to cover his expenses in travelling to and from the court; and

(b) such sum by way of compensation for loss of time as may be specified in Practice Direction 34A. Such compensation is determined on the same basis as the witness compensation is determined in criminal cases.

‘Reasonable expenses’ is a matter of evidence and discretion and the practice of the courts is to allow only what is considered to be reasonable in all the circumstances.

See:

 

Old Cases:

Martin -v- Andrews [1856] 7 E & B 126 L.J, Q.B. 39

Conduct money – allowances for witnesses.

Delaroque -v- S S Oxenholme & Co [1883] W. N. 227

Witnesses of fact are entitled to their reasonable expenses including loss of income, travelling and accommodation.

Wright -v- Bennett & Anor [1948] 1 KB 601; [1948] 1 All E.R. 411 C.A

Witness expenses will be allowed if it was necessary for the witness to attend court – whether they are called or not.

J. H. Shannon -v- Country Casuals Holdings Plc – Times Law Report 16.07.1997

A witness upon whom a subpoena duces tecum had been served was entitled to his costs incurred in complying with the subpoena and was not limited to receiving conduct money only. The witness expenses could include taking legal advice where appropriate.