Tag Archives: Witness statement

WITNESS STATEMENTS THAT ARE LARGELY DISREGARDED: A CASE IN POINT

Witness statements are often too long, contain inadmissible evidence and tendentious comments. An example can be see in the judgment in Moore -v- Moore [2016] EWHC 2202 (Ch) Mr S Monty QC (sitting as a Deputy Judge of the Chancery Division). The case shows the importance of careful attention to relevance, admissibility and detail in […]

FAILURE TO PROVIDE INFORMATION IN WITNESS STATEMENT LEADS TO APPLICATION BEING STRUCK OUT: HIGH COURT DECISION TODAY

Chief Master Marsh has had a busy day. This is the second decision today I am writing about. In  Wave Lending Ltd -v- Batra and SFM Legal Services Ltd [2016] EWHC 2238 (Ch) he considered whether a witness statement complied with a peremptory order and whether relief from sanctions should be granted. KEY POINTS The […]

WITNESS STATEMENTS: WHEN CAN A LAY WITNESS GIVE OPINION EVIDENCE?THE STATUTE, THE CASES & SOME GUIDANCE

I have written, many times, about the dangers of putting opinion evidence into witness statements.  The attempts of witnesses to be experts, or to tell the judge what the outcome of the case should be, can lead to robust adverse comments* . However, as in most things, there is an exception to this rule.   […]

WITNESS STATEMENTS: THE LAWYER’S DUTIES: A FAMILY CASE

There are some observations in the judgment in Hampshire County Council -v- O [2016] EW B22 (CC) that are of general importance. It relates to the duty of lawyers to ensure that witness statements are full and adequate. “It is the role of a solicitor in these circumstances, not only to take down what they […]

BANQUO’S GHOST NOT AT THE FEAST: WHEN A KEY WITNESS IS NOT CALLED – THE INFERENCES A COURT WILL DRAW

There is an interesting discussion of the role of the “absent witness” in the judgment today of Mr Justice Kerr in O’Hare -v-Coutts & Co [2016] EWHC 2224 (QB). There are dangers in a party not calling someone who is clearly a key witness in a case. The presence of relevant documents is not a […]

YOU ARE PAYING YOUR WITNESSES BY RESULTS: WE WANT TO STRIKE YOU OUT

The judgment of Mr Justice Fraser in EnergySolutions EU Limited -v- Nuclear Decommissioning Authority [2016] EWHC 1988 (TCC) is a highly technical analysis of procurement legislation in an action that had already had a somewhat tortuous procedural history.  However I want to look at one part of the judgment that dealt with the fact that […]

PROVING THINGS 29: MAKE SURE THE WITNESS EVIDENCE DEALS WITH THE RELEVANT ISSUES

In Re B (a minor) (habitual residence) [2016] EWHC 2174 (Fam) Mr Justice Hayden had some important observations on the preparation of witness evidence. Although made in a family case the comments are of general observation: those who take witness statements must know the relevant law and make sure that the statements deal with evidence […]