Question 1 of 9

[This question and the four that follow together form part of rolling scenario - the facts from earlier questions may be relevant to later questions]You act for the claimant Daniel Bates in a personal injury claim arising from a collision with the claimant’s vehicle and a lorry driven by the defendant, Mitchell Lord. The claim is defended and has been allocated to the multi-track.The key allegations against the defendant are that he was driving too fast and his brakes were not in proper working order. Disclosure and exchange of witness statements and expert evidence has taken place in accordance with case management directions . The trial is due to take place in four months' time.Mikaela is a witness to the accident who stopped at the scene. Mikaela’s statement was signed nine months after the accident, however its contents are taken in full and unedited from a statement made by Mikaela to the police at the time of the accident for the purposes of the police accident report. In the statement Mikaela reports that she overheard a mobile telephone conversation at the scene during which the defendant told his wife that ‘It’s my fault , I was driving fast, I saw him but didn’t brake fast enough. I think the brakes might be faulty’.Due to ongoing serious illness and hospitalisation, Mikaela will be unable to attend the trial and her served witness statement is being relied upon as hearsay. Proper notice has been given.You are advising the claimant in conference on the evidence and preparations for trial. Which of the following would you advise to be most likely reason the court may reduce the weight to be attached to Mikaela’s evidence?