Identify errors in a witness statement in support of an interim application and explain the corrections required to ensure that the witness statement is as persuasive as possible and that it complies with the CPR.

General	Only relevant evidence is admissible (O’Brien v CC South Wales Police) This is not a statement of case The court can control which evidence is admissible, on which issues, how it is presented before the court and to what extent it may be cross-examined r.32.1 Witnesses can give evidence by any means (such as video link) – r.32.1 PROFESSIONAL CONDUCT: where you object to the contents of a Witness Statement served, first notify them and attempt to have it removed. If this is not effective, raise the point at pre-trial review. Additional evidence can be added by way of a supplemental Witness Statement where the other party agrees (failing that, apply for permission at pre-trial review or start of trial itself).
Definitions	A witness statement is a written statement signed by a person which contains the evidence the witness would be allowed to give orally if called to do so (r.32.4(1)) R. 32.4(2) court will order a party to serve on the other parties any witness statement of the oral evidence which the party serving the statement intends to rely on in relation to any issues of fact to be decided at the trial A written statement of witness’ account of the relevant event Witness statement speeds up giving evidence and prevents trial by ambush Witness statements reflect the overriding objective Note: it is not possible to rely on documentary evidence at trial unless there is a witness who can speak to relevant documents N.B: If object to content in opponent’s witness statement then best practice is to notify the opponent of your objection and seek to resolve the dispute. NB(2) It is possible to serve a supplemental witness statement if there are matters that were discovered or occurred after exchange. 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 Rules of Format	PD 32, para	Rules of Format
	17.1	The witness statement should be headed with the title of the proceedings
	17.2 Heading	headed with title of proceedings and the top right corner should state: The party on whose behalf it is made (either C or D) Initials and surname of witness (e.g. O F Lock) The number of the statement in relation to that witness The initials and number of each exhibit referred to The date of the statement was made
	18.1 Own words	it should be made in witnesses own words as far as practical: The full name of the witness Place of residence or place of work (if in professional capacity) His occupation or – if unemployed – his description If he is, state he is a party to the proceedings (or an employee of one)
	18.2 Statement	the statement must indicate: What statements are in his knowledge and which are ‘belief’; and The source for any matters of ‘belief’
	18.3 Exhibits	requires any exhibit used in conjunction with a witness statement to be verified and identified by the witness and remain separate from the statement
	18.4 Exhibits	an exhibit should be referred to as: “I refer to the (description of exhibit) marked…”
	18.6 Exhibits	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)
	19.1 Structure	a witness statement should: Be divided into numbered paragraphs Have all numbers, including dates, expressed as figures Make any reference to documents either in the margin or in bold text in the body Follow in chronological sequence (para 19.2)
	19.2 Sequence	It is usually convenient for a witness statement to follow the chronological sequence of the events or matters dealt with, each paragraph of a witness statement should as far as possible be confined to a distinct portion of the subject.
	20.1 & 20.2 25.1 Statement of truth	Must include a witness statement in the following form: ‘I believe that the facts stated in this witness statement are true.’ If this or any part of the Witness Statement is defective, the court could refuse to admit it as evidence (r. 25.1)
	CPR r 22.3	if the maker of a witness statement fails to verify by a statement of truth, then the court could refuse to admit it as evidence.
Is it a relevant fact? Irrelevant fact? Or Opinion Evidence? Or Hearsay?	Relevant evidence is a statement made of facts personally perceived s 3(2) CEA 1972 – is it factual? The general rule is that opinion evidence is not admissible. (major exception = expert evidence) A statement of opinion relevant to the facts perceived by the witness is admissible s 3(2) CEA 1972 A witness may be permitted to express a view that “X was drunk”. Properly, the witness should relate the physical characteristics he observed which led to that conclusion (e.g. slurred speech, glazed eyes, and unsteadiness of gait, breath smelling of alcohol). Note: “...where a person is called as a witness, a statement of opinion by him on any relevant matter on which he is not qualified to give expert evidence, if made as a way of conveying relevant facts personally perceived by him, is admissible as evidence of what he perceived” - s.3(2) Civil Evidence Act 1972 Solicitor must ensure that any relevant opinions expressed are based firmly on what the witness personally perceived (i.e. what was seen/heard, not conclusions drawn) Hearsay evidence must be relevant to the disputed issue s1(2)(a) CEA 1995
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
Details of the breach	The Claimant’s claim is for damages for breach of contract. The Claimant claims that the Defendants have breached clause 9.1.1 of the Agreement in that the Warranties set out in the Schedule to the Agreement were not true and accurate in all material respects as at 1 July 2014.
Compliance with protocol	On behalf of the Claimant, I sent a letter before claim to each of the Defendants on 29 April 2015. Both Defendants have denied liability. I refer to copies of this correspondence which are exhibited at pages [ ] of DG1.
Application is made on grounds	The application for permission is made on the following grounds contained in paragraph 3.1 of Practice Direction 6B supplementing CPR Part 6: Paragraph 3.1(3): The First Defendant is a co-defendant with the Second Defendant. The Second Defendant is domiciled in England....

#13626 - Errors In A Witness Statement In Support Of An Interim Application And Corrections To Comply With The Cpr - Commercial Dispute Resolution

About Oxbridge

More Commercial Dispute Resolution Samples