header-logo header-logo

Overworked witness statements under review

04 July 2019 / Abigail Rushton , Simon Heatley
Issue: 7847 / Categories: Features , Procedure & practice
printer mail-detail

The recent decision in Cathay may signal an increasingly strict approach by the courts to witness evidence, as Abigail Rushton & Simon Heatley report

  • Concern that witness statements have become a reconstruction of case documents rather than the recollection of the witnesses.
  • Undesirable risk that a statement contains detailed evidence on the documents that a witness would not be capable of giving at trial.

Increasingly, the judiciary has expressed concern about lengthy, complex, over-worked witness statements. This has led to calls for reform and heightened scrutiny being placed upon witness statements by the courts, as illustrated most recently in Cathay Pacific Airlines Ltd v Lufthansa Technik AG [2019] EWHC 715.

The case for reform has grown from concerns that witness statements are more a product of lawyers than the actual evidence of the witnesses. This raises fundamental questions about the place and purpose of witness statements.

The point of a witness statement is to provide evidence, in the witness’s own words, about specific issues of fact. Introduced as a measure of reform in 1986,

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

Clarke Willmott—Declan Goodwin & Elinor Owen

Clarke Willmott—Declan Goodwin & Elinor Owen

Corporate and commercial teams in Cardiff boosted by dual partner hire

Hill Dickinson—Joz Coetzer & Marc Naidoo

Hill Dickinson—Joz Coetzer & Marc Naidoo

London hires to lead UK launch of international finance team

Switalskis—11 promotions

Switalskis—11 promotions

Firm marks start of year with firmwide promotions round

NEWS
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
Artificial intelligence (AI) is rapidly transforming sport, from recruitment and training to officiating and fan engagement. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys at Law explains how AI now influences everything from injury prevention to tactical decisions, with clubs using tools such as ‘TacticAI’ to gain competitive edges
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll