Witness Statement And Disclosure Flashcards
Format requirements for all documents filed at court
A4 3.5cm margins Legible/ typed Case number on each page Bound securely Page numbers Para numbers All numbers in figures Reference in margins of all docs referred to that have already been filed
Which PD gives the format requirements for all docs filed at court
PD5A para 2.2
Where in the CPR can the requirements for witness statements be found
Part 32 and PD 32
How to determine if information should be included in a witness statement
Is it relevant and admissible
Is hearsay admissible
Yes- rule against hearsay abolished by s1 civil evidence act 1995
But must still be proved, relevant and admissible (not within exclusionary rules)
Is first, second and multi hand hearsay allowed in a witness statement
Yes - this doesn’t affect the admissibility, only the weight it is given
Is opinion evidence allowed in a witness statement
Generally no
Unless expert or way of conveying fact (I.e. to show what they perceived)
What does evidence rule R32.1 allow
The court may state the issues in which it requires evidence, nature of evidence required and way evidence should be placed before the court
What does evidence rule R31.2(3) allow
The court may identify witnesses who may be called or limit length of statement
Can you ask questions of the other party’s expert
Within 28 days of service of report, in writing, to clarify report, only once
Can parties agree to have a single joint expert
Yes
Can an expert can for directions from the court
Yes in writing
Can the court require experts to work together
Yes can require them to discus, identify issues and agree a conclusion
Can a party always have an expert
No
Need court permission
Only what is reasonably necessary to resolve proceedings
Does the expert owe a duty to the court or the instructing party
Both but duty to the court overrides duty to instructing party
Should an expert report have a statement of truth
Yes
Should an expert report be addressed to the court of the instructing party
The court
What info must a party give to the court when seeking permission for an expert
Must estimate costs
Identify field, issues and name of expert
What must an expert report contain
Experts qualifications Literature relied on Facts relied on Who carried out examination Summary of conclusions reached Summary of range of opinions and experts own opinion
Which part of the CPR can disclosure be found
Part 31
When should a disclosure report be served
14 days before CMC
Should a disclosure report have a statement of truth
Yes
What info should a disclosure report contain
Describe docs that exist Where and with who they are located How they are stored Costs for disclosure What disclosure directions are sought
What sort of search must be made of documents to disclose
Must make a reasonable search for docs
How can you tell if you have made a reasonable search for disclosable documents
Number of docs
Nature and complexity of proceedings
Ease and expense of retrieval
Significance of docs
What to do if you do not search for a particular class of docs due to it being unreasonable
State this in the disclosure report
Which docs may be inspected
Those mentioned in: Statement of case Witness statement Witness summary Affidavit Experts report
Can disclosure and inspection take place in stages
Yes if parties agree or if court orders it
Can disclosure be withheld
Yes if you apply you can withhold docs on public interest grounds
How long does the duty to disclose last
It continues until proceedings are concluded
What to do is a disclosable doc comes to notice during proceedings
Notify every other party immediately
When does a party have a right to inspect a doc
Once it has been disclosed unless:
It is no longer in the party’s control
They have the right to withhold inspection
Which documents should be disclosed
It is or once was in physical possession
They have or once had a right to possession
They have or once had a right to inspect and take copies
Can you rely on privileged docs that have been mistakenly disclosed
Only with the courts permission
At what point should parties try to agree disclosure
7 days before CMC
What must parties do when trying to agree disclosure
Serve on other party a list of docs
Describe docs fully with date unless privileged and then only generic description
If you no longer have docs then what happened to them
List of docs must include a disclosure statement
What should disclosure statement include
Set out extent of search
Understand and has carried out duty to disclosure
Can parties agree to disclose docs without making a list
Yes in writing
