PI Brief Update

Litigation Tactics - Andrew Mckie, Clerksroom

23/03/15. It is arguable that the Witness Statement is likely to be the most important document in the entire case for both the Claimant and the Defendant. It may be argued that an entire case can turn upon the contents of the Witness Statements and, therefore, it is extremely important that the Witness Statement is carefully drafted. A great deal of attention and care goes into the drafting of the Witness Statements and it may be argued that some of the following points may be relevant in relation to the drafting of Statements:

1. CPR 32 Practice Direction 20.1 says “a Witness Statement is the equivalent of the oral evidence that the witness would, if called, give in evidence, it must include a Statement by the intended witness that he believes the facts in it are true”.

2. Further CPR 32 Practice Direction 18.1 says “the Witness Statement must be practical be in the intended witnesses own words, the Statements 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 worked, the position he holds and the name of his firm or employer”...

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