header-logo header-logo

16 January 2015 / Elizabeth Metliss
Issue: 7636 / Categories: Features , Profession , In Court
printer mail-detail

The view from the bench (II)

elizabethmetliss

Elizabeth Metliss considers the judicial view of witness statements

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

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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll