Witness statements – five key things to remember
“A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally.” (CPR 32.4(1)).
Witness statements are often the main opportunity to provide your evidence. They are highly regulated by rules and the courts.
- Witness statements must be in the witness’s own words and expressed in the first person.
- Witness statements are there to give facts, and not opinions or to instigate an argument. Evidence that is too wide or quasi-expert will not be allowed (BB & Ors v Al Khayyat & Ors [2021] EWHC 1499)
- Witness statements are not there to provide commentary on documents in the trial bundle, nor should there be lengthy quotations from other documents.
- The court can strike out parts of the witness statement if they are not complaint with the rules (Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2747) or order to have them revised (Blue Manchester Ltd v Bug-Alu Technic GmbH & Anor [2021] EWHC 3095 (TCC)
- The witness must state, if practicable, on important disputed matters of fact, how well they recall the matters addressed and whether, and if so how and when, their recollection has been refreshed by reference to documents, identifying those documents.
Witness statements are extremely important in any case and it vital that specialist legal advice is sought in order to ensure that they comply with the complex legal rules and regulations that govern them.
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Anything posted in this article is for general information only and is not intended to provide legal advice.