Evidence & Witness Statement

Question 1

What does CPR 29.5 provides for witness statement’s deadline?

Answer 1

Parties can now agree in writing extensions of up to 28 days for the filing and serving of, amongst other things, witness statements, without the need for court approval, provided that any such extension does not put a hearing at risk.

Question 2

What is the four step test for hearsay evidence?

Answer 2

1: is it an oral or written statement?
2: was it made out of court?
3: Why is it being adduced?
4. To prove the truth of the matter stated.

Question 3

What happens when expert changes their opinions?

Answer 3

35 PD 2.5

If an expert changes its view/opinion following production of its report, such a change of view should be communicated to the other parties without delay. Where appropriate, the court should also be informed

Question 4

If a party decides that it is not intending to rely on its expert’s report once that report has been disclosed, what option does the other party has?

Answer 4

The other party may still rely upon/use the report at trial.

CPR 35.11

Question 5

What should a party do if it decides that, in the light of its expert report, it would prefer to call a different expert witness?

Answer 5

It must seek the court’s permission to do so

CPR 35.4