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Civil Litigation Solicitors
Witness statements: new mandatory requirements from April 2020 (1 April 2020)
Date: 01/04/2020
The 113th update to the Practice Directions which come into force on 6 April 2020, has many important changes but the change to Witness Statements is worth setting out.
PD 32, evidence at paragraph 18 stipulates that there will now be a mandatory requirement to set out the process by which the statement has been obtained.
Paragraph 18.1 currently states:
18.1 The witness statement must, if practicable, be in the intended witness’s own words, the statement should be expressed in the first person and should also state:
- the full name of the witness,
- his place of residence or, if he is making the statement in his professional, business or other occupational capacity, the address at which he works, the position he holds and the name of his firm or employer,
- his occupation, or if he has none, his description, and
- the fact that he is a party to the proceedings or is the employee of such a party if it be the case.
The new addition at (5) states:
“(5) the process by which it has been prepared, for example, face-to-face,over the telephone, and/or through an interpreter.”.
It goes without saying that this is a crucial amendment most likely intended to provide greater clarity on statements which are before the court.
Other amendments to the Practice Directions can be found here
Author, Shareen Tanvir is a solicitor in the civil litigation department at Duncan Lewis Solicitors. She specialises in banking disputes, debt recovery and money claims, professional negligence, data protection, contractual disputes (commercial), financial mis-selling, and high profile litigation.
Contact Shareen on 020 3114 1338 or at shareent@duncanlewis.com
Duncan Lewis Civil and Commercial Litigation Solicitors
Duncan Lewis is one of the leading solicitors in England and Wales offering expert litigation and alternative dispute resolution services, with expertise in ADR and mediation, bankruptcy, banking and finance, company and commercial, contentious probate, defamation, debt recovery, fraud, international, property and professional negligence.
The firm regularly handle claims at the County Court as well as high-value claims at the High Court, the Commercial Court and the Court of Appeal.
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