Q&As

At the pre-trial stage, can parties agree to an extension to file witness statements between themselves or do you require the courts permission for an extension?

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Produced in partnership with Jonathan Edwards of Radcliffe Chambers
Published on: 11 July 2017
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This Q&A assumes whether or not the parties can agree by consent to extend the time for Filing witness statements in the lead up to trial or whether the court’s permission is required.

This Q&A considers the procedural Rules contained in the Civil Procedure Rules (CPR) relating to extensions of the court timetable by agreement between the parties, especially in relation to witness statements.

Witness statements.

CPR 32.4 imposes a requirement for the parties to serve witness statements in advance of the evidence which a witness would be allowed to give orally. Although CPR 32.4(3) contemplates that the court could order that witness statements be served but not order that they need be filed, directions timetables routinely provide for filing at the same time as service. For the purposes of this Q&A service and filing of witness statements are considered together.

CPR 32.10 provides for an automatic sanction in the event of

Jonathan Edwards
Jonathan Edwards chambers

Barrister, Radcliffe Chambers

Jonathan Edwards practises at Radcliffe Chambers in Lincoln’s Inn. He specialises in contested probate, claims to trust and estate assets, claims for partnership and estate accounts, property litigation including landlord and tenant, and insolvency and commercial disputes.

He is regularly instructed to represent clients in the High Court and County Court, and has been instructed to assist with proceedings in Jersey. Cases in which he has acted include Taylor v Taylor [2017] EWHC 1080 (Ch) and Burki v Seventy Thirty Limited [2018] EWHC 2151 (QB).

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Jurisdiction(s):
United Kingdom
Key definition:
Filing definition
What does Filing mean?

The lodgment at court of a document by a party or intended party.

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