The view from the bench (II)

This is the second in a series of three articles discussing views expressed by Mr Justice Burton at a recent event at Mishcon de Reya’s offices and views of others members of the judiciary as outlined in reported cases. The first article explored how the judiciary view inter partes correspondence (see “The view from the bench” 164 NLJ 7633, p 18). This article examines judicial attitudes to another key aspect of the litigation process—witness statements.

Key communication

Witness statements, originally intended to avoid trial by ambush, provide a key opportunity for parties to communicate their versions of events to the other side. They can also be a useful resource for the trial judge in understanding how each side views its position and the factual background to a dispute.

While witness statements are written in the name of those closest to the dispute, it is invariably the lawyers who draft (and perhaps craft ) them. Lawyers want the statements