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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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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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