This website uses cookies to ensure you get the best experience on our website. Learn more

LPC Law Notes Civil Litigation Notes

Evidence Witness Notes

Updated Evidence Witness Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...

The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

General

p.183

  • This is not a statement of case (particulars of claim and defence). A witness statement contains evidence a party will rely on (i.e. it is a written statement of witness’ account of relevant events)

  • A witness statement is a signed statement of the evidence the witness would be allowed to give orally if called to do so (r.32.4(1))

  • Only relevant evidence is admissible

  • Witnesses can give evidence by any means (such as video link) – r.32.1

  • Additional information can be added by way of a supplemental statement

  • If you object to a statement’s contents, first notify the other side and if ineffective, raise the point at pre-trial review

Structure

p.184

PD 32 para 17.1: headed with title of proceedings and the top right corner should state under PD 32 para 17.2:

  1. The party on whose behalf it is made (either C or D)

  2. Initials and surname of witness (e.g. O F Lock)

  3. The number of the statement in relation to that witness

  4. The initials and number of each exhibit referred to

  5. The date of the statement was made

PD 32 para 19.1: a witness statement should:

  1. Be divided into numbered paragraphs (A4 with 3.5cm margin, one sided)

  2. Have all numbers, including dates, expressed as figures

  3. include case number and witness’s initials on every page

  4. Make any reference to documents either in the margin or in bold text in the body

  5. Follow in chronological sequence (para 19.2)

Own Words

PD 32 para 18.1: it should be made in witnesses own words (in the first person) as far as practical:

  1. The full name of the witness

  2. Place of residence or place of work (if in professional capacity)

  3. His occupation or – if unemployed – his description

  4. If he is, state he is a party to the proceedings (or an employee of one)

PD 32 para 18.2: the statement must indicate:

  1. What statements are in his knowledge and which are ‘belief’; and

  2. The source for any matters of ‘belief’

Exhibits

PD 32 para 18.3 requires any exhibit used in conjunction with a witness statement to be verified and identified by the witness and remain separate from the statement

PD 32 para 18.6: if a witness makes more than one statement to which there are exhibits, the numbering of the exhibits should run consecutively (i.e. not start again on each statement)

PD 32 para 18.4: an exhibit should be referred to as: “I refer to the (description of exhibit) marked…”

Statement of Truth

PD 32 para 20.2: must signed and in the following format:

“I believe that the facts stated in this witness statement are true”

CPR r.22.3: if there Is no witness statement, or another part of the statement is lacking or defective, then the court could refuse to admit it as evidence

Use at Trial
  • It must be comprehensive to be able to be used at trial

  • The responding party may call the witness to be cross-examined

  • It must be served on the other party within the time limit. Failure to do so will result in the witness being unable to give oral evidence (unless the court allows it) – r.32.10

Extension
  • By mutual consent in writing, the time limit in the timetable for service may be extended

  • Cannot if it affects the trial date;...

Buy the full version of these notes or essay plans and more in our Civil Litigation Notes.

More Civil Litigation Samples