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Drafting Po C, Defence Or Witness Statement Notes

LPC Law Notes > Civil Litigation Notes

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A more recent version of these Drafting Po C, Defence Or Witness Statement notes – written by Cambridge And Oxilp And College Of Law students – is available here.

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Drafting PoC, Defence or Witness Statement a) Heading - 7APD (Practice Direction) 4.1 and 4.2

Top right hand corner

Particulars of claim




Witness statement

1) Check to ensure contains:

a) Whether the witness is appearing for the claimant or the defendant

b) Witness's first initial and surname

c) What number statement this is for this witness

d) The date the statement was made

2) It should read:

Court name

"Claimant F Vollbehr First 29 February 2013"

1) Check:

a) The claim number to see if meant to be in Chancery, Queen's Bench Division or the County Courts

2) It should read:

High Court



County Court


Claim number

1) Check the claim number to see:

a) It is correct

b) It is in the correct format for that division

2) It should read:

Chancery - "HC 12 C 1234"; or

QBD - "2012 HC 1234"


1) Check the names to see

a) They are written in full including "Limited" rather than "Ltd'

b) The claimant and the defendant are the right way around

c) The party headings are appropriately singular or plural

2) It should read:

"Geographica Limited


- and - Red Limited

Document heading in the tramlines


1) Check to ensure that:

It refers to the particulars of claim, the defence or witness statement as appropriate

2) It should read:

"Particulars of Claim"


"Witness statement of [Joshua Moger]"

Opening paragraph of body

Particulars of claim

1) Check to ensure that:

a) It refers to both party's professions

b) It starts with the claimant


Witness statement

2) It should read:

"At all material times the Claimant [was a carpenter] and the Defendant [was a builder]"

1) Check to ensure that:

It refers to the definitions used in the Particulars of Claim

2) It should read:

"The Defendant adopts the definitions used in the Particulars of Claim"

1) Check to ensure that:

a) Contains a statement stating the name and address of the witness and that he will say

b) Another paragraph stating the witness's current employment and his relation to the claimant / defendant

c) There is an information and belief paragraph which covers hearsay evidence

d) If seeking a specific application, including the purpose of the statement

2) It should read:

a) "I, Joshua Moger of 78 Red Lion Street, Holborn, London, W2CM 1AA will say as follows"

b) "I am the Operations Director of the Claimant. I have worked for the Claimant for the past 2 years.

c) "I make this witness statement from matters within my own knowledge and believe save where the contrary appears. Where I refer to matters of which I have been told by others, those matters are true to the best of my knowledge and the source of my information appears"

d) "I make this statement in support of the Defendant's / Claimant's application for [summary judgment]"

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