Tag: Witness statements

Reform to Trial Witness Statements in the Business and Property Courts

Anna LockyerLeave a comment

New duties and obligations will be placed on commercial litigators from the 6 April 2021 – Anna Lockyer and Professor Dominic Regan discuss the key features of these changes, their wider reaching implications in practice and the likely impact on costs budgeting

This video features Professor Dominic Regan who is working with the Costs and Litigation Funding team as a consultant.

Anna Lockyer is an Associate in the Costs and Litigation Funding Department at Clarion Solicitors. You can contact her at Anna.Lockyer@clarionsolicitors.com and on 0113 288 5619.

Changes to Trial witness statements in the Business and Property Courts from 6th April

Dominic ReganLeave a comment

From 6th April Trial witness statements in the Business and Property Courts are subject to drastic reforms . Radical features include

1. A duty to explain to a witness at the outset the proper purpose and content of a witness statement;

2. Directions as to how the interview should be conducted;

3. Provisions as to what questions can be put and how they are to be worded;

4. A duty for solicitors to preserve a dated record of the interview (SBP 3.11(3) ).

5. An obligation for each witness to sign off a declaration about compliance.

6. An obligation for the relevant legal representative to certify that they have explained the Rules to the witness and to confirm that the statement adduced was prepared in compliance with the new obligations.

When preparing budgets it is imperative that these onerous obligations are recognised when costing the acquisition and preparation of witness evidence. 

This blog was written by Professor Dominic Regan who is working with the Costs and Litigation Funding team as a consultant.