Search results
Apr 22, 2021 · New rules on witness statements came into effect on 6 April 2021, following the recommendations of the Witness Evidence Working Group. Many of the principles and aims within those rules will be familiar to litigators.
Dec 1, 2023 · This week there have been three cases that each provide some developments on the law relating to witness evidence that will be useful for practitioners in judicial review proceedings.
- “C. Content of Witness Statement
- 8 (1) The Witness Statement Should ‘Tell The Story’ in Chronological Order.
- 9 (2) The Factual Issues in The Case Should All Be Dealt With.
- 10 (3) The Witness Statement Is A Statement of Fact, Not Opinion
- 11 (4) The Witness Statement Must Be true.
11.7 As a litigant in person preparing a witness statement for yourself of any of your witnesses you should take care to observe 4 ‘golden rules’: (1) the witness statement should ‘tell the story’ in chronological order; (2) the factual issues in the case should all be dealt with; (3) the witness statement is a statement of fact, not opinion; and (...
You should not forget that you (almost certainly) will have personal knowledge of the events covered by the witness statement. The Judge will not. It is important both that you cover all the necessary background and that you do so in chronological order. Your aim should be to get your side of the story across to the Judge. To do so draft the statem...
By the time witness statements are prepared and exchanged (i) the pleadings (statements of case) will be completed and (ii) discovery and inspection will have taken place. You will be able to work out what issues of fact (see chapter 6) exist between you and your opponent. Review those issues in the light of any new documents thrown up by disclosur...
A witness statement must be confined to statements of fact, without any expression of opinion. Only expert witnesses are permitted to give opinion evidence. Occasionally an opinion is included in a witness statement. Once this is identified the Judge will have no difficulty in putting a line through it both metaphorically and practicallyso you do n...
In all but the exceptional case each witness’s statement will “stand as his evidence in chief”. By this is meant that, provided the witness (on oath or affirmation) confirms the truth of his statement when he is called to give evidence at trial, the statement will form part of the evidence in the case. It is critical therefore that you make sure th...
Feb 11, 2016 · The witness’s knowledge and expertise: The skilled witness must demonstrate to the court that he or she has relevant knowledge and experience to give either factual evidence, which is not based exclusively on personal observation or sensation, or opinion evidence.
Mar 8, 2016 · What is credibility? Credibility is not the same as honesty. Two witnesses can give perfectly honest accounts of the same events; one (or both) of them can be totally wrong. It is not uncommon to read as much in civil judgments.
Jan 26, 2021 · A search term that led to this blog today was “why can’t the case presenter or representative can ask his witness leading questions during evidence-in – chief?” Examination in chief is rare in civil cases. The dangers of asking leading questions, however, remain real and profound.
People also ask
Do you need a witness statement in a judicial review?
What are the new rules on witness statements?
Can a judge give an opinion in a witness statement?
When is a witness asked to make a statement?
What are the 'Golden Rules' of a witness statement?
What if an issue is not covered by a witness statement?
these empirical and legal questions, we argue that the categorical rejection of all expert evidence on the credibility and reliability of witness testimony is not justified, but nor is an approach which admits all such evidence.
