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16 January 2015 / Elizabeth Metliss
Issue: 7636 / Categories: Features , Profession , In Court
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The view from the bench (II)

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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

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Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

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Farrer & Co—Richard Lane

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Londstanding London firm appoints new senior partner

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Commercial team in London welcomes technology specialist as partner

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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
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