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Witness evidence: just what is allowed in a statement? (JD Wetherspoon v Harris)

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Published on: 02 May 2013

Published by a LexisNexis Dispute Resolution expert

Table of contents

Practical implications
Court details
Judgment
Summary judgment applications
Witness evidence

Article summary

The High Court has taken the opportunity to reiterate what evidence a factual witness is allowed to give in their witness statement ie that which it would be allowed to provide orally (CPR 32.4). This does not include mere recital of information in documents to which the witness had no involvement. The court also highlighted the need for the guidance provisions set out in court guides to be considered and followed; in this case appendix 9 of the Chancery Guide. The matter also involved a summary judgment application which was refused on the grounds that it would require a mini trial to deal with the issue. In so doing, the court gave examples of issues to think about when considering whether such an application would require a mini trial.

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