Witness statements for specific applications
Witness statements for specific applications

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

  • Witness statements for specific applications
  • Evidence in support of interim applications—points of general application
  • Witness statements in support of particular applications

Witness statements for specific applications

This Practice Note provides general guidance on evidence in support of interim applications by way of witness statements. It considers when you are under a duty of full and frank disclosure, when affidavit evidence is required, when it is appropriate for a solicitor to make the witness statement and specific considerations for evidence in support of an application which is to be determined on the papers. Links to draft witness statements in support and/or opposition and general guidance on those specific applications are also provided.

Evidence in support of interim applications—points of general application

This Practice Note deals with drafting a witness statement in support of a particular type of application. If you are preparing a general statement for a factual witness, see also Practice Note: Witness statements—substantive content and Precedent: Witness statement—generic.

Regardless of the type of application in which a witness statement in support is being made there are certain general points which are important to note. These include:

  1. where a witness statement is in support of an application without notice, the applicant owes a duty to the court of full and frank disclosure. This means that the applicant must disclose everything relevant to the application, including anything unhelpful to his own application. See Practice Note: Applications without notice

  2. there are certain procedures which require evidence to be given by affidavit

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