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

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness statement is presented in English but where, notwithstanding signature of the statement, the witness cannot speak English and the statement is not necessarily ‘in their own words’. CPR PD 22 will also require a statement of truth to be dated with the date that it is signed and the required wording of the statement of truth will be amended to include a warning that proceedings for contempt of court may be brought against those who give a statement of truth without an honest belief in its truth. For more information, see News Analysis: 113th practice direction update—31 March and 6 April 2020—Changes in force 6 April 2020. This content will be updated in light of these changes in time for the 6 April 2020 in force date.

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