Witness Statement And Disclosure

Question 1

Format requirements for all documents filed at court

Answer 1

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

Question 2

Which PD gives the format requirements for all docs filed at court

Answer 2

PD5A para 2.2

Question 3

Where in the CPR can the requirements for witness statements be found

Answer 3

Part 32 and PD 32

Question 4

How to determine if information should be included in a witness statement

Answer 4

Is it relevant and admissible

Question 5

Is hearsay admissible

Answer 5

Yes- rule against hearsay abolished by s1 civil evidence act 1995

But must still be proved, relevant and admissible (not within exclusionary rules)

Question 6

Is first, second and multi hand hearsay allowed in a witness statement

Answer 6

Yes - this doesn’t affect the admissibility, only the weight it is given

Question 7

Is opinion evidence allowed in a witness statement

Answer 7

Generally no

Unless expert or way of conveying fact (I.e. to show what they perceived)

Question 8

What does evidence rule R32.1 allow

Answer 8

The court may state the issues in which it requires evidence, nature of evidence required and way evidence should be placed before the court

Question 9

What does evidence rule R31.2(3) allow

Answer 9

The court may identify witnesses who may be called or limit length of statement

Question 10

Can you ask questions of the other party’s expert

Answer 10

Within 28 days of service of report, in writing, to clarify report, only once

Question 11

Can parties agree to have a single joint expert

Answer 11

Yes

Question 12

Can an expert can for directions from the court

Answer 12

Yes in writing

Question 13

Can the court require experts to work together

Answer 13

Yes can require them to discus, identify issues and agree a conclusion

Question 14

Can a party always have an expert

Answer 14

No
Need court permission
Only what is reasonably necessary to resolve proceedings

Question 15

Does the expert owe a duty to the court or the instructing party

Answer 15

Both but duty to the court overrides duty to instructing party

Question 16

Should an expert report have a statement of truth

Answer 16

Yes

Question 17

Should an expert report be addressed to the court of the instructing party

Answer 17

The court

Question 18

What info must a party give to the court when seeking permission for an expert

Answer 18

Must estimate costs

Identify field, issues and name of expert

Question 19

What must an expert report contain

Answer 19

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

Question 20

Which part of the CPR can disclosure be found

Answer 20

Part 31

Question 21

When should a disclosure report be served

Answer 21

14 days before CMC

Question 22

Should a disclosure report have a statement of truth

Answer 22

Yes

Question 23

What info should a disclosure report contain

Answer 23

Describe docs that exist
Where and with who they are located 
How they are stored 
Costs for disclosure
What disclosure directions are sought

Question 24

What sort of search must be made of documents to disclose

Answer 24

Must make a reasonable search for docs

Question 25

How can you tell if you have made a reasonable search for disclosable documents

Answer 25

Number of docs
Nature and complexity of proceedings
Ease and expense of retrieval
Significance of docs

Question 26

What to do if you do not search for a particular class of docs due to it being unreasonable

Answer 26

State this in the disclosure report

Question 27

Which docs may be inspected

Answer 27

Those mentioned in: 
Statement of case 
Witness statement 
Witness summary 
Affidavit
Experts report

Question 28

Can disclosure and inspection take place in stages

Answer 28

Yes if parties agree or if court orders it

Question 29

Can disclosure be withheld

Answer 29

Yes if you apply you can withhold docs on public interest grounds

Question 30

How long does the duty to disclose last

Answer 30

It continues until proceedings are concluded

Question 31

What to do is a disclosable doc comes to notice during proceedings

Answer 31

Notify every other party immediately

Question 32

When does a party have a right to inspect a doc

Answer 32

Once it has been disclosed unless:
It is no longer in the party’s control
They have the right to withhold inspection

Question 33

Which documents should be disclosed

Answer 33

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

Question 34

Can you rely on privileged docs that have been mistakenly disclosed

Answer 34

Only with the courts permission

Question 35

At what point should parties try to agree disclosure

Answer 35

7 days before CMC

Question 36

What must parties do when trying to agree disclosure

Answer 36

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

Question 37

What should disclosure statement include

Answer 37

Set out extent of search

Understand and has carried out duty to disclosure

Question 38

Can parties agree to disclose docs without making a list

Answer 38

Yes in writing