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LPC Law Notes Commercial Dispute Resolution Notes

Errors In A Witness Statement In Support Of An Interim Application And Corrections To Comply With The Cpr Notes

Updated Errors In A Witness Statement In Support Of An Interim Application And Corrections To Comply With The Cpr Notes

Commercial Dispute Resolution Notes

Commercial Dispute Resolution

Approximately 305 pages

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Errors in a witness statement in support of an interim application and corrections to comply with the CPR

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

  • Only relevant evidence is admissible (O’Brien v CC South Wales Police)

  • This is not a statement of case

  • The court can control which evidence is admissible, on which issues, how it is presented before the court and to what extent it may be cross-examined r.32.1

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

  • PROFESSIONAL CONDUCT: where you object to the contents of a Witness Statement served, first notify them and attempt to have it removed. If this is not effective, raise the point at pre-trial review.

  • Additional evidence can be added by way of a supplemental Witness Statement where the other party agrees (failing that, apply for permission at pre-trial review or start of trial itself).
Definitions

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

  • R. 32.4(2) court will order a party to serve on the other parties any witness statement of the oral evidence which the party serving the statement intends to rely on in relation to any issues of fact to be decided at the trial

  • A written statement of witness’ account of the relevant event

  • Witness statement speeds up giving evidence and prevents trial by ambush

  • Witness statements reflect the overriding objective

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.

  • 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 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:

  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

18.1

Own words

it should be made in witnesses own words 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)

18.2

Statement

the statement must indicate:

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

  2. The source for any matters of ‘belief’

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:

  1. Be divided into numbered paragraphs

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

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

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?

  • Relevant evidence is a statement made of facts personally perceived s 3(2) CEA 1972...

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