Q&As

Under the new CPR PD 57AC rules for witness statements, where a witness has seen and has knowledge of all the documents that have been disclosed, can the document list simply be appended to their witness statement, or is it only the documents that are referred to at the time of drafting the statement?

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Published on LexisPSL on 01/06/2021

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Under the new CPR PD 57AC rules for witness statements, where a witness has seen and has knowledge of all the documents that have been disclosed, can the document list simply be appended to their witness statement, or is it only the documents that are referred to at the time of drafting the statement?

Under the new CPR PD 57AC rules for witness statements, where a witness has seen and has knowledge of all the documents that have been disclosed, can the document list simply be appended to their witness statement, or is it only the documents that are referred to at the time of drafting the statement?

CPR PD 57AC, para 3.2 provides:

‘…3.2 A trial witness statement must set out only matters of fact of which the witness has personal knowledge that are relevant to the case, and must identify by list what documents, if any, the witness has referred to or been referred to for the purpose of providing the evidence set out in their trial witness statement. (…)

It appears therefore that the list should only include the documents that 'the

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