DR - Witness and expert evidence Flashcards
(13 cards)
What is a witness in DR
direct evidence by a witness of what they have perceived with their own senses.
What is an expert in DR
a highly skilled or knowledgeable individual whose role is to advise the court impartially on matters within their expertise
What is a witness statement?
A written statement, signed by a witness, setting out what they would say orally in court.
When does exchange of witness statements usually take place?
Immediately after disclosure and inspection.
The claimant calls a witness to give evidence at trial. How will the witness statement be used by the claimant at trial?
As evidence in chief
Any fact which needs to be proved by evidence of witnesses at trial will be by oral evidence (CPR 32.2(1)(a)). However, a witness statement usually stands as evidence in chief at the trial (CPR 32.5(2)) so that in this scenario the claimant would not have to take oral evidence from the witness.
In what way is witness evidence for an interim hearing different to that for a trial?
A witness statement for an interim hearing has extra paragraphs relating to the reason for the statement and the position taken in relation to the application.
Near the start of a witness statement, the witness will usually include a paragraph stating:
Must clarify:
That the statement is made from personal knowledge unless otherwise stated
If including information received from others, it must:
Identify the source
Confirm it’s true to the best of knowledge and belief
What is a jurat
A statement at the end of the document authenticating the affidavit
Applying for permission for expert evidence
In the DQ
a) Provide an estimate of the costs of the proposed expert evidence;
b) Identify the field in which expert evidence is required and, if practicable, the name of the proposed expert (CPR 35.4(2))
a. If any difficulty later in using the original expert’s report – tactical disadvantage as to having to go back to court to obtain permission to use a different expert – also other party might be able to see the original expert’s report
What is the 3-stage test under Denton v White for relief from sanctions?
Is the breach serious or significant?
Was there a good reason for the breach?
Should relief be granted in light of all the circumstances?
What must a party do if they serve a witness statement late?
Apply for relief from sanctions under CPR 3.9 and explain the delay.
If a party serves a statement late and does not apply for relief, what can the court do?
Exclude the evidence from trial — the court has discretion but non-compliance risks exclusion.
