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PRECEDENTS
Filed on behalf of the respondent Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] ] [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY OR THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST] ] In the matter of Council Regulation (EC) No. 44/2001 And in the matter of the judgment of [Court of Origin] dated [Date] Between 1 [Insert name] Applicant and 2 [Insert name] Respondent ____________________________________________________________________________________________________________________ First witness statement of [Insert name of witness] on behalf of the respondent ____________________________________________________________________________________________________________________ ARCHIVED: This Precedent has been archived and is not maintained. This Precedent
PRECEDENTS
Filed on behalf of the applicant Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] ] [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY OR THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST] ] In the matter of Council Regulation (EC) No. 44/2001 And in the matter of the judgment of [Court of Origin] dated [Date] Between 1 [insert name] Applicant and 2 [insert name] Respondent _____________________________________________________________________________________________ First witness statement of [Insert name of witness] ON BEHALF OF THE APPLICANT _____________________________________________________________________________________________ ARCHIVED: This Precedent has been archived and is not maintained. This Precedent is
PRECEDENTS
On behalf of: applicant By: [insert name] No: [insert statement number] Exhibits: [insert details] Date: [insert date] Filed: [insert date] Court Reference No: [INSERT COURT REF. NUMBER] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES] OR IN [insert location] OR In the matter of [insert company name] And In the matter of the companies act 2006 Statement of [insert full name] I, [insert full name], [insert role/job title] of [insert company name] of [insert address] will say as follows: 1 Introduction I am the [insert role/job title] of [insert company name] (the Company), having been appointed on [insert date]. I have been the officer of the Company most closely connected with the proposal that is the subject of this witness statement. The facts and matters to which I refer in this witness statement are either within my own knowledge and are true, or derived from the sources to which I refer below, in which case they are true to the best of my information and belief. 2 I am duly authorised by the Company to make this statement in support of that part
PRECEDENTS
On behalf of: applicant By: [insert name] No: [insert statement number] Exhibits: [insert details] Date: [insert date] Filed: [insert date] Court Reference No: [INSERT COURT REF. NUMBER] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS[ OF ENGLAND AND WALES][ IN [INSERT LOCATION]] [COMPANY & INSOLVENCY LIST (ChD)] OR IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION ] In the matter of [insert company name] And In the matter of the companies act 2006 Statement of [insert full name] I, [insert full name], [insert role/job title] of [insert company name] of [insert address] will say as follows: 1 Introduction I am the [insert role/job title] of [insert company name] (the company), having been appointed on [insert date]. I have been the officer of the company most closely connected with the proposal that is the subject of this witness statement. The facts and matters to which I refer in this witness statement are either within my own knowledge and are true, or derived from the sources to which I refer below, in which case they are true to the best of my information and belief.
PRECEDENTS
Petitioning Creditor 1st: [NAME] Exhibit: [INSERT] Dated: [INSERT] Court Reference No: [INSERT COURT REF. NUMBER] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT LOCATION]] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [INSERT LOCATION] [BUSINESS AND PROPERTY COURTS LIST] OR IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION [INSERT LOCATION]
PRACTICE NOTES
This practice note discusses the use of witness statements for witnesses to fact in the Scottish courts with reference to relevant rules, guidance and case law and provides some practical drafting points. It does not cover expert witnesses, precognition of witnesses, affidavit formalities, intimation and lodging of lists of witnesses, taking of witness evidence at a commission, citation of witnesses for proof, oral examination and cross-examination of witnesses, assessment of witness evidence, vulnerable witnesses or witness expenses. For a style witness statement, see Precedent: Witness statement—Scottish civil proceedings. For guidance on: • issues to consider before bringing a civil claim in a Scottish court and other aspects of starting and progressing a civil claim in Scotland, see: Scottish DR: prescription and limitation—overview, Scottish DR: starting a claim—overview and Scottish DR: case management and evidence—overview respectively, which link through to more detailed guidance • the equivalent in England and Wales, see Practice Notes: Planning, interviewing and assisting witnesses, Witness statements—substantive content and Drafting witness
NEWS
The government has published three witness statements submitted to the Crown Prosecution Service (CPS) in relation to the prosecution under the Official Secrets Act 1911 of Christopher Berry and Christopher Cash, which was dropped earlier this year. Four Parliamentary committee chairs have asked the Director of Public Prosecutions (DPP) further questions about the case, which will be pursued in an inquiry by the Joint Committee on the National Security Strategy (JCNSS). The Intelligence and Security Committee of Parliament (ISC) will also investigate the use of classified material relating to the case.
PRACTICE NOTES
ARCHIVED: This archived Practice Note considers service of witness statements, looking at when and how to file and serve factual witness evidence, including simultaneous exchange and methods of service. Timing issues are covered in detail, including the sanction for failing to comply under CPR 32.10, how to seek an extension of time and the steps you can take when you have breached your obligation (including applying for permission to rely on the oral evidence of a witness whose statement was served late and/or applying for relief from sanctions. Practical steps on how to avoid default are also offered. It is not maintained and is for background information only. For guidance on the court’s powers to make orders for the exchange of witness statements, see Practice Note: Courts’ power to manage factual evidence. Serving witness statements If you wish to rely on witness evidence, it must be set out in a witness statement, which must be served within the time specified by the court (CPR 32.10—see: Failure to serve in time—Rule 32.10 below). A
PRACTICE NOTES
This Practice Note provides general guidance for drafting witness statements of fact under CPR 32 in civil proceedings. In particular, it deals with what should be covered in witness statements and the courts’ approach to them, using the witness’ own words, how to ensure consistency with other witness statements and how to refer to other documents exhibited to witness statements. It also covers the issue of expert opinion in factual witness statements and its admissibility. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. For court-specific information, see: Court specific guidance below. It should be read in conjunction with Practice Notes: • Planning, interviewing and assisting witnesses • Drafting witness statements—formalities and dealing with problematic witnesses—which includes guidance on matters such as how to format the witness statement, the required wording to be used and the statement of truth • Exhibits to witness statements and affidavits Consideration should also be given to additional provisions applicable to the specific track on which your claim is proceeding. For more information
PRECEDENTS
[ IN THE COURT OF SESSION [insert type of action if specialist procedure being used eg Commercial action] Case reference [insert case reference] in the cause OR SHERIFFDOM OF
PRECEDENTS
Claimant: [initial and surname]: 1st: [date] IN THE [HIGH COURT OF JUSTICE] [CHANCERY DIVISION] [BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES] [PROPERTY, TRUSTS AND PROBATE LIST] Claim Number. [xxx] [In the Estate of [name] deceased] [Claimant’s name] Claimant and [x] [x] [x] (a child by [name] his/her litigation friend) Defendants _____________________________________ WITNESS STATEMENT OF THE CLAIMANT _____________________________________ I, [name], of [address/workplace],
PRECEDENTS
Filed on behalf of the Claimant Witness statement of [insert initial and surname of witness] Number of witness statement: [Insert number of witness statement in relation to this witness, eg 'First’] Exhibit numbers: [Insert initials and number, eg ‘MXW1’] to [insert initials and number, eg ‘MXW5’] Date: [Insert date of statement in figures] CLAIM NO. [Insert claim number] In the high court of justice BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST (ChD) Companies court In the matter of [INSERT COMPANY NAME] and In the matter of the companies act 2006 _______________________________________ [Insert number of witness statement in relation to this witness, eg first] WITNESS STATEMENT OF [Insert FULL name of director or company secretary who is the witness] _______________________________________ I, [insert name full name of witness] of [insert home address of witness], [director OR company secretary] of the Claimant being [insert company name] (company number [insert company number]), with its registered office is at [insert address] (the Company) WILL SAY as follows: 1 I am and I have continuously been since [insert date in figures] [a director OR the company secretary] of the Company[