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#10155 - Evidence Witness - Civil Litigation

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General

p.183

  • This is not a statement of case (particulars of claim and defence). A witness statement contains evidence a party will rely on (i.e. it is a written statement of witness’ account of relevant events)

  • A witness statement is a signed statement of the evidence the witness would be allowed to give orally if called to do so (r.32.4(1))

  • Only relevant evidence is admissible

  • Witnesses can give evidence by any means (such as video link) – r.32.1

  • Additional information can be added by way of a supplemental statement

  • If you object to a statement’s contents, first notify the other side and if ineffective, raise the point at pre-trial review

Structure

p.184

PD 32 para 17.1: headed with title of proceedings and the top right corner should state under PD 32 para 17.2:

  1. The party on whose behalf it is made (either C or D)

  2. Initials and surname of witness (e.g. O F Lock)

  3. The number of the statement in relation to that witness

  4. The initials and number of each exhibit referred to

  5. The date of the statement was made

PD 32 para 19.1: a witness statement should:

  1. Be divided into numbered paragraphs (A4 with 3.5cm margin, one sided)

  2. Have all numbers, including dates, expressed as figures

  3. include case number and witness’s initials on every page

  4. Make any reference to documents either in the margin or in bold text in the body

  5. Follow in chronological sequence (para 19.2)
Own Words

PD 32 para 18.1: it should be made in witnesses own words (in the first person) as far as practical:

  1. The full name of the witness

  2. Place of residence or place of work (if in professional capacity)

  3. His occupation or – if unemployed – his description

  4. If he is, state he is a party to the proceedings (or an employee of one)

PD 32 para 18.2: the statement must indicate:

  1. What statements are in his knowledge and which are ‘belief’; and

  2. The source for any matters of ‘belief’
Exhibits

PD 32 para 18.3 requires any exhibit used in conjunction with a witness statement to be verified and identified by the witness and remain separate from the statement

PD 32 para 18.6: if a witness makes more than one statement to which there are exhibits, the numbering of the exhibits should run consecutively (i.e. not start again on each statement)

PD 32 para 18.4: an exhibit should be referred to as: “I refer to the (description of exhibit) marked…”
Statement of Truth

PD 32 para 20.2: must signed and in the following format:

“I believe that the facts stated in this witness statement are true”

CPR r.22.3: if there Is no witness statement, or another part of the statement is lacking or defective, then the court could refuse to admit it as evidence
Use at Trial

  • It must be comprehensive to be able to be used at trial

  • The responding party may call the witness to be cross-examined

  • It must be served on the other party within the time limit. Failure to do so will result in the witness being unable to give oral evidence (unless the court allows it) – r.32.10
Extension

  • By mutual consent in writing, the time limit in the timetable for service may be extended

  • Cannot if it affects the trial date; consider the costs and overriding objective

EXAM PREP

Witness statements Drafting

P 184 = Formalities

P361 = Template (Includes references to relevant PD 32 articles)

P448 = Specimen

Workshop 11 Task 1 (interview and the attached blue Witness Statement)

In the EXAM you may be asked to draft/review/comment a witness statement. (Check the green sheet in Workshop 11 Task 1) So watch out for:

  1. Is it in the witness’s own words? P.184

  2. Does it comply with CPR 32? P.184

  3. Does it contain hearsay evidence and if is it a problem? P.188

  4. Does it contain inadmissible opinions? P.187

  5. Does it contain obvious “hostages of fortune”? i.e. things that do not support my case/negatively affect my case (if it does, and you are drafting the witness statement then, do not include them in your draft)

  6. Does it contain irrelevant information?

Admissible v Inadmissible evidence in Witness Statements
Admissible evidence Inadmissible evidence

  1. Only relevant evidence is admissible

  • The test for relevant evidence is:

Does it support/relate to a legal issue?

It may be background information that supports a legal issue.

  1. (hearsay is defined under S1(2)(a) Civil Evidence Act (CEA) 1995) Hearsay evidence is admissible if the following are complied with or considered:

  • CPR part 33 and S2 CEA 1995 (Notice of proposal to adduce hearsay evidence (to be given to other party)) ; and

  • s4 CEA 1994(Considerations relevant to weighing of hearsay evidence.)

  1. Include evidence that supports your case and omit evidence that is irrelevant or negatively affects your case.

    2. ...
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