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PRECEDENTS
Filed on behalf of the Claimant Witness statement of [insert initial and surname of witness] of [insert name of printing company] 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] 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] [Plc OR Limited OR Ltd] and In the matter of the companies act 2006 _______________________________________ [INSERT NUMBER OF STATEMENT IN RELATION TO THIS WITNESS, EG ‘FIRST’] WITNESS STATEMENT OF [insert full name of printing company employee who is a witness] of [insert name of printing company] _______________________________________ I,
PRECEDENTS
Filed on behalf of the Claimant Witness statement of [insert initial and surname of witness] of [insert name of share registrars] 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] 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] [Plc OR LIMITED OR Ltd] and In the matter of the companies act 2006 _______________________________________ [insert number of witness statement in relation to this witness, eg ‘FIRST'] WITNESS STATEMENT OF
PRECEDENTS
Filed on behalf of the [insert party eg [ Claimant OR Appellant] or [ Defendant OR Respondents]] Number of witness statement: [insert eg first] Date: [insert date] [Date of translation: [insert date]] Exhibits: [insert number] to [insert number] [ Claim No. [insert claim number] OR [[TC OR UT]/insert year/insert case number]] [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location]
GLOSSARY
A document served on a witness requiring him or her to attend court to give evidence or produce documents to the court.
PRACTICE NOTES
This Practice Note provides guidance on witness summonses. It considers the circumstances in which a witness summons may be used, whether the court’s permission is required and, if so, how to make an application for permission. How to serve the witness summons is explained, together with explanations about what to do if a witness does not comply with a summons, conduct money and paying summoned witnesses. Depending on the court in which your matter is proceeding, additional provisions may apply—see: Court specific guidance. What is a witness summons? A witness summons is issued by the court under CPR 34.2 compelling a witness to: • attend court to give evidence on the date fixed for a hearing or a court directed date (CPR 34.2(1)(a) and CPR PD 34A, para 1.1), or • produce documents to the court either: ◦ on the date fixed for the hearing (CPR 34.2(4)(a)), or ◦ on such date as the court may direct (CPR 34.2(4)(b)) A summons can only be used in relation to documents that a person could be
NEWS
Dispute Resolution analysis: The judgment of Mr Justice Andrew Barker considers the circumstances in which a trial judge can appoint themselves as a special examiner pursuant to CPR 34.13(4), adjourn a trial, and take a deposition outside of the jurisdiction for the purpose of adducing that evidence, or some record of it, at trial in due course. In particular, the judgment considers the basis on which such an application might be made, and the pros and cons of such an approach, both in the context of the judge's own obligations and the pros and cons of providing evidence via video link. Following a useful review and analysis of previous caselaw and the Civil Procedure Rules (CPR), the court held that there were clear difficulties with the suggested approach, and that whilst the provision of evidence at trial via video link would not be optimal, it would be preferable in the circumstances. The application for the judge to appoint himself as a special examiner was dismissed and evidence would instead be provided by video link. Written by Charlotte Clayson, partner at Trowers & Hamlins LLP.
NEWS
Dispute Resolution analysis: The High Court, in United Technology Holdings Ltd v Chaffe and others and Jackson v Hayes and Jarvis (Travel) Ltd, confirmed that witnesses must attend trial in person in the absence of good reasons to the contrary. The courts ruled against remote attendance for witnesses and parties not living in the jurisdiction or facing difficulties travelling to England during the coronavirus (COVID-19) pandemic, as the default position is that hearings should take place in the court ‘unless there are good health‑related reasons’ not to. If there are, these should be detailed in evidence by provision of a witness statement. Written by Westley Walker, senior associate, at Bristows LLP.
PRACTICE NOTES
This Practice Note covers issues relating to: • gathering witness evidence before the final trial and creating witness statements • securing the attendance of witnesses at tribunal • use of expert witnesses, and • the status of a witness's testimony in law (judicial proceedings immunity) See Practice Note: Conduct of employment tribunal hearings—general: Procedure regarding witnesses and witness statements instead for information on what happens at a tribunal hearing with regard to: • the procedural aspects of calling witnesses, and • the use of witness statements For information on data protection issues in the context of employment tribunal proceedings, see Practice Note: Employment tribunal proceedings—data protection issues. Witness orders The employment tribunal has the power to order any person in Great Britain to attend any hearing at the tribunal to give evidence, produce documents, or provide information. Such orders are usually known as 'witness orders'. As the power only applies in respect of a person in Great Britain, the employment tribunal does not have power under the employment tribunal rules to make a witness order in respect
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note looks at the process of interviewing witnesses and preparing them to give evidence at trial. It covers ascertaining the salient information you need; the extent to which referring to documents is helpful; taking a witness statement and how to ensure you get a full record of the discussions during the interview. Finally, consideration is given to preparing a witness to give evidence at trial. Note: This Practice Note provides guidance on the interpretation and application of the CPR but it does not specifically address the requirements and guidance for interviewing a witness when preparing a statement for use at a trial in the Business and Property Courts (see CPR PD 57AC). Also see: Court specific guidance. Under CPR 32.2(3), the court may give directions (1) identifying or limiting the issues to which factual evidence may be directed, (2) identifying the witnesses who may be called or whose evidence may be read and (3) limiting the length or format of witness
GLOSSARY
WitnessethIn legal drafting, “Witnesseth” is an archaic introductory word used in formal deeds and contracts to mean “this document records as follows” or “this is witnessed as follows”. It typically appears in capital letters near the start of an agreement, immediately before the recitals setting out the background, parties’ intentions and commercial context.The term is not defined in legislation or case law in England and Wales, Scotland, Northern Ireland or Ireland; it is a traditional drafting formula rather than a concept with independent legal effect. Its presence does not of itself affect validity, interpretation or enforceability of a contract or deed. Modern UK and Irish precedents increasingly omit “Witnesseth” in favour of clearer headings such as “Background” or “Recitals”.In practice, “Witnesseth” can still be found in older templates, cross‑border documents, and instruments derived from US forms. Across all four jurisdictions, its function and legal significance are essentially the same: it introduces the narrative recitals and may help distinguish them from the operative clauses, but it adds no substantive rights or obligations.
NEWS
The Works Right Centre (WoRC) and Immigration Law Practitioners’ Association (ILPA) have conducted research with over 200 Ukrainians affected by changes to the Ukraine visa schemes made earlier this year. Their report finds that the need for sanctuary remains urgent and widespread.
NEWS
The Work Rights Centre (WoRC) has prepared a briefing in response to the new Employment Rights Bill (ERB). The briefing examines how the bill may impact the most vulnerable workers, including millions with worker status, the ‘falsely self-employed', non-unionised workers, seasonal employees, overseas domestic workers, and migrants tied to their employers. It also identifies areas where it considers that the bill needs to be improved (proportionate probationary periods, extension in scope for Statutory Maternity Pay, guaranteed hours and agency workers, Fair Work Agency and migrant workers, and the corporate accountability gap in labour market enforcement).