Page 23 - PIC Magazine Issue 21
P. 23

A witness statement must contain the truth, the whole truth and nothing but the truth on the issues it covers.
A witness statement should be
as concise as the circumstances allow; inadmissible or irrelevant material should not be included. An application may be made by an opposing party to strike out inadmissible or irrelevant material. If a party does object to the contents of a witness statement, they should notify the other party of their objection within 28 days after service of
the statement and the parties should
seek to resolve the matter. Otherwise
an application should be made to the court for direction.
Those issues should consist only
of the issues on which the party serving the witness statement wishes that witness to give evidence in chief and should not include commentary on the trial bundle or other matters which may arise during the trial or may have arisen during the proceedings.
Witness statements should, so far as possible, be expressed in the witness’s own words.
Witness statements should be written in consecutive numbered paragraphs.
        There are demanding measures for Trial
witness statements in the Business and
Property Courts. They do not contradict the
ground Rules on this page. What they additionally require is that both witness and responsible Solicitor personally certify compliance with the measures
which spell out how trial statements are to be prepared.
CPR 32.10 states that if a witness statement for use at trial is not served within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission.
The cost of preparation of an over-elaborate witness statement may not be allowed.
CPR 32.14 states that proceedings for contempt of court may be brought against a person if they make, or cause to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Part 81 and the Practice Direction to that part govern the procedure which applies to proceedings
for contempt.
                               Frenkel topping training academy
Autumn & Winter 2023
Professor Dominic Regan
Head of the Knowledge Hub at Frenkel Topping
If a party discovers that a witness statement, or any part of it, which they have served is incorrect they must inform the other parties immediately.

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