Factual evidence

The evidence placed before the court, and on which it will make its determination, will generally comprise of:

1. •

   the parties' documents identified during the disclosure process—see: Disclosure—overview

2. •

   the parties' factual evidence presented by way of witness statements and those witness' oral testimony—see below

3. •

   the parties' expert evidence (where such specialist evidence is required and the court's permission obtained)—see: Expert evidence—overview

This topic looks at the factual witness evidence and focuses on factual witness evidence for use at trial (as opposed to factual witness evidence for use before trial).

Given the likely importance of factual evidence to the outcome of the case, practitioners should pay careful attention, and at an early stage, to the way in which their client's witness evidence is to be prepared and put before the court.

For general information and guidance on witness statements and factual evidence and some of the key issues practitioners should bear in mind, see:

1. •

   Practice Notes:

   1. ◦

      Evidence—status, use and admissibility of witness statements and other factual matters—which provides guidance on the status of witness statements and draft witness statements, including when they will