Witness statements for specific applications
Witness statements for specific applications

The following Dispute Resolution guidance 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

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 our 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 rather than witness statement, such as an application for a search order or freezing injunction. See Practice Note: Affidavits — When to use an affidavit

  3. there may be circumstances where it is appropriate for a solicitor to make a witness statement in support of an application, because they may have the best knowledge of the matters described. These may include procedural points, the status of the proceedings, or where the witness is unable to give evidence on certain issue, because eg