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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll