header-logo header-logo

14 April 2021 / Dominic Regan
Issue: 7928 / Categories: Opinion , Procedure & practice , CPR
printer mail-detail

Witness statements: good rules, bad practice?

45601
Beware of ‘lawyering’: Dominic Regan on witness statements which run afoul of the rules

The logic behind the exchange of witness statements is impeccable. A cards-on-the-table approach avoids the real risk of trial by ambush. An informed party will be able to gauge what they are up against long before trial and can make an informed decision about whether to settle and, if so, on what terms.

For some inexplicable reason, compliance with the relevant rules appears not to have troubled a large proportion of the legal profession. Indeed, I believe these rules are breached more often than any other provision within the CPR.

Practically useless

The pellucid wording of CPR 32.4(1) is such that even the proverbial moron in a hurry should comprehend the relevant obligation: ‘A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally.’

Relevant factual evidence is all that is required. That has not stopped practitioners, day in and day

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
Refusing mediation need not trigger a costs penalty, but litigators must justify their position
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Landlords face fresh registration duties as procedural reforms reshape the civil courts
back-to-top-scroll