header-logo header-logo

08 November 2018 / John A. Kimbell KC
Issue: 7817 / Categories: Features , Procedure & practice
printer mail-detail

The pen: mightier than the word?

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oral evidence has remained unchallenged in criminal trials, in civil proceedings oral evidence has to a large extent been replaced by written witness statements.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

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—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll