TCC—factual witness evidence
TCC—factual witness evidence

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • TCC—factual witness evidence
  • Drafting witness statements in the TCC
  • Supplemental factual witness statements
  • Filing and serving witness statements in the TCC
  • Shorter and flexible trials schemes
  • Electronic working
  • Giving evidence at a TCC trial
  • Non-compliance with witness evidence requirements in the TCC
  • Practical tips on witness statements in the TCC

This Practice Note provides guidance on witness statements and factual evidence for use at trial in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and Technology and Construction Court Guide, section 12.

In particular, it considers drafting witness statements for use at TCC trials and offers guidance on the use of witness summaries in the case of reluctant or unavailable witnesses, what to do where the witness’ command of English is not strong, cross-referencing documents in the witness statement and supplemental witness statements.

It also addresses filing and serving witness statements in TCC claims, giving evidence at a TCC trial and the potential consequences for failing to comply with relevant provisions.

Finally, it offers practical tips on witness evidence for TCC trials.

This Practice Note covers witness statements and factual evidence for trial. For guidance on:

  1. witness statements in support, response or reply to interim applications in the TCC—see Practice Note: TCC—making an application

  2. the court's powers under CPR 32.2(3) to limit the number and length of witness statements—see Practice Notes: Witness statements—Jackson Reforms [Archived]—Summary of Reforms to witness evidence and Witness statements—Jackson Reforms [Archived]—Will I be given additional guidance if directions are given under CPR 32.2(3)?

  3. witness evidence generally under CPR 32 and CPR PD 32, see: Witness evidence—overview which, in turn, links through to detailed guidance on specific aspects