John A. Kimbell QC considers a new review of the rules on witness evidence in the Business & Property Courts
- While the primacy of live oral evidence has remained unchallenged in criminal trials, in civil proceedings oral evidence has to a large extent been replaced by written witness statements. Is this about to change in the Business and Property Courts?
- With witness statements routinely bearing little or no resemblance to what the witness would actually say in person, and the advent of cost budgeting shedding new light on the high cost of preparing witness statements, a review has been called for seeking possible improvements.
Last month saw the launch of a survey on how factual witness evidence is handled in the Business and Property Courts. The survey is part of a review being carried out by a working party, led by Mr Justice Popplewell. The working party contains representatives from industry, the judiciary, the arbitration community and the legal professions. The aim of the review is gather the
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