Witness Statements In Anti-social Behaviour Cases

Speaker: Nicholas Nicol
Chambers: One Pump Court

Nicholas Nicol
Housing Barrister
One Pump Court Chambers

This seminar will cover

CPR 32 – Evidence
Unfortunately, rules, practice directions and guidance as to the content of witness statements appear to be habitually ignored by practitioners

Cummings v MoJ [2013] EWHC 48 (QB), per Tugendhat J, paras 8 and 9.

The Purpose of Witness Statements
Jackson Report
2.1 reducing the length of the trial (by largely doing away with the need for anything more than short examination-in-chief);
• enabling the parties to know in advance of the trial what the factual issues are;
• enabling opposing parties to prepare in advance for cross-examination;
• encouraging the early settlement of actions;
• providing useful and relevant information to the court to enable it to adjudicate upon the case in an efficient manner.

What Should Not Be in a Witness Statement

Other Problems
• Putting the other side’s case
• Commenting extensively on the expert report
• “My solicitor advised me …” and legal privilege.

Hearsay

A detailed fuler note accompanies this essential seminar in the members login area

Please view Nicholas Nicol’s biography on this page and contact him via his clerks on this e mail

mt@onepumpcourt.co.uk

 

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