LPC Law Notes Commercial Dispute Resolution Notes
A collection of the best Commercial Dispute Resolution 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 Commercial Dispute Resolution notes available in the UK this year. This collection ...
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Identify errors in a witness statement in support of an interim application and explain the corrections required to ensure that the witness statement is as persuasive as possible and that it complies with the CPR.
General |
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Definitions |
Note: it is not possible to rely on documentary evidence at trial unless there is a witness who can speak to relevant documents N.B: If object to content in opponent’s witness statement then best practice is to notify the opponent of your objection and seek to resolve the dispute. NB(2) It is possible to serve a supplemental witness statement if there are matters that were discovered or occurred after exchange.
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Structure Rules of Format | PD 32, para | Rules of Format |
17.1 | The witness statement should be headed with the title of the proceedings | |
17.2 Heading | headed with title of proceedings and the top right corner should state:
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18.1 Own words | it should be made in witnesses own words as far as practical:
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18.2 Statement | the statement must indicate:
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18.3 Exhibits | requires any exhibit used in conjunction with a witness statement to be verified and identified by the witness and remain separate from the statement | |
18.4 Exhibits | an exhibit should be referred to as: “I refer to the (description of exhibit) marked…” | |
18.6 Exhibits | 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) | |
19.1 Structure | a witness statement should:
Follow in chronological sequence (para 19.2) | |
19.2 Sequence | It is usually convenient for a witness statement to follow the chronological sequence of the events or matters dealt with, each paragraph of a witness statement should as far as possible be confined to a distinct portion of the subject. | |
20.1 & 20.2 25.1 Statement of truth | Must include a witness statement in the following form: ‘I believe that the facts stated in this witness statement are true.’ If this or any part of the Witness Statement is defective, the court could refuse to admit it as evidence (r. 25.1) | |
CPR r 22.3 | if the maker of a witness statement fails to verify by a statement of truth, then the court could refuse to admit it as evidence. | |
Is it a relevant fact? Irrelevant fact? Or Opinion Evidence? Or Hearsay? |
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Buy the full version of these notes or essay plans and more in our Commercial Dispute Resolution Notes.
A collection of the best Commercial Dispute Resolution 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 Commercial Dispute Resolution notes available in the UK this year. This collection ...
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