There are various stages in litigation:
In all of these named stages, there are always chances of inconsistency.
Pleadings
Parties set out the material facts of the case and the party’s basic case will be revealed. These facts can be later supported by evidence in witness statement or documents in discovery. This document can be amended but may harm the credibility.
Relevant provision: https://www.hklii.hk/eng/hk/legis/reg/4A/s18.html
Discovery
Parties disclose to the other side the documents they intend to rely on in the litigation, which support their cases in the pleadings. These are pieces of evidence which support the cases pleaded by the parties.
Relevant provision: https://www.hklii.hk/eng/hk/legis/reg/4A/s24.html
Witness statements
These documents are the basic structure of what the witnesses (could be and usually including the Plaintiff) would like to say in the trial. These are oral evidence and witnesses will need to swear under oath in the court to give the oral evidence.
Relevant provision: https://www.hklii.hk/eng/hk/legis/reg/4A/s38.html
Trial
The trial consists of the final stage where parties will make submissions in court and their witnesses will give evidence under oath. The court will the give a ruling called judgment on all the evidence adduced.
Consistency – Possible inconsistencies
Inconsistencies could happen any places in the above stages (or more). Examples would be:
- Dates and time
- The exact event happened in such dates and time
- The sequence of the events
- Between the oral and documentary evidence
- Between different witnesses
- Of logic or common sense
It would be the job of the solicitors to spot those issues and give proper advice.