Webinars by Practice Area
Witness statement rules one year on: harsh lessons already learned
Recorded on: 19/05/2022
We are now a year on from the introduction of the most demanding rules ever about the preparation of trial witness statements in the Business and Property Courts. We have already had four decisions all of which identified default. The recent ruling of Fancourt J in Greencastle MM v Payne was horrific, with both witness and solicitor castigated for “egregious“ multiple breaches. The unfortunate partner was named and sadly shamed by the judge, who condemned what he described as “the clearest case of failure to comply” with the new rules that he had seen.
The witness statement rules are a clear and present danger to litigators. In this webinar, Professor Dominic Regan will examine both the new rules as well as the underlying measures which go back to 1992 but still regularly trip up practitioners, including:
- The hidden trap that is CPR 32.10
- Can a witness ever give opinion evidence?
- What the 2021 rules require of you and your witnesses
- Dealing with late statements
- When do the new rules apply?
- Lessons learnt from recent judgments
- How to challenge statements you think are defective
- Who should sign the compliance declaration?