Witness Statements in Civil Disputes - An Update with Dominic Regan

Introduction

Witness statements are adduced in almost every single civil dispute.

Radical new rules were introduced into the Business and Property Courts in April 2021.

This virtual classroom session will remind delegates about the core requirements of the new rules before looking at authorities decided since implementation. It will also address the original underlying rules which continue to cause problems for some.

The 2021 reforms only apply to trial witness statements and, as many actions fall outside the Business Courts’ regime, this is why the original rules are so important.

Additionally, as predicted last Spring, the entire Judiciary is now alert to inadequacies in statements across the spectrum. The President of the Family Division issued a declaration in November 2021 warning that defective statements would not be tolerated.

What You Will Learn

This live and interactive session will over the following:

• The most common breaches of the rules
• When and how to challenge defective statements
• When should non-compliant statements be struck out?
• The various sanctions for default
• Can opinion evidence ever be lawfully introduced into a statement?
• How best to manage the process of securing a statement
• Dealing with the reluctant or non-cooperative witness

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.