Evidence of Fact: Form of Witness Statements Flashcards
(12 cards)
Which part of a witness statement must include the information about how the statement was prepared?
A. Statement of truth
B. Endorsement
C. Heading
D. Opening paragraphs
D. Opening paragraphs
Explanation: The opening paragraphs must include how the statement was prepared (eg face-to-face meeting, phone call).
In civil proceedings, who must sign a witness statement?
A. The solicitor who drafts it
B. The party’s barrister
C. The judge assigned to the case
D. The witness themselves
D. The witness themselves
Explanation: Only the individual witness, not their legal team, must personally sign the statement.
What goes in the top right corner of a witness statement according to CPR 32 Practice Direction?
A. Court seal
B. Full witness statement content
C. Witness contact details
D. Endorsement with key information
D. Endorsement with key information
Explanation: The endorsement includes party relying, name, statement number, exhibit references, date.
In a Business and Property Court case, what extra confirmation must the witness include?
A. That the statement does not argue the case
B. That all evidence has been independently verified
C. That they acted as an expert
D. That the solicitor fully drafted the statement
A. That the statement does not argue the case
Explanation: Business and Property Court statements must confirm the statement is factual, not argumentative.
What happens if a party fails to serve a trial witness statement by the deadline without court permission?
A. The witness cannot be called to give evidence
B. The witness can submit an oral summary instead
C. The trial is automatically adjourned
D. The case is struck out
A. The witness cannot be called to give evidence
Explanation: Under CPR 32.10, the party needs permission to call the witness if the statement is late.
When can a witness statement contain opinion evidence from a non-expert?
A. When conveying perceived facts
B. When it supports their employer’s case
C. When requested by the solicitor
D. Never
A. When conveying perceived facts
Explanation: Section 3 of the Civil Evidence Act 1972 allows perceived fact opinions (eg “the car was speeding”).
A defendant’s managing director gives a witness statement prepared via Zoom. Which is true?
A. The statement is invalid because it was not prepared in person
B. The statement must include no exhibits
C. The opening paragraph must state that it was prepared via video link
D. The statement cannot be used unless it is notarised
C. The opening paragraph must state that it was prepared via video link
Explanation: How the statement was prepared must be disclosed in the opening paragraphs.
A witness statement contains factual evidence but also argues why the defendant should win the case. What is the likely outcome?
A. It will be given more weight at trial
B. It will be struck out automatically
C. It will be criticised for improper content
D. It will be treated as expert evidence
C. It will be criticised for improper content
Explanation: Witness statements must state facts, not argue the legal case. Argument belongs in skeleton arguments.
A witness statement refers to dozens of company documents but fails to identify which ones. What rule is breached?
A. CPR 32.10
B. CPR 32 Practice Direction 18
C. CPR 31.17
D. CPR 57AC
B. CPR 32 Practice Direction 18
Explanation: PD 18 requires that documents referred to in a witness statement must be clearly identified.
In a Business and Property Courts trial, what is required from the legal representative who assisted in drafting a witness statement?
A. Nothing additional is needed
B. A confirmation that the witness understood the Business and Property Courts rules
C. A witness statement on behalf of the solicitor too
D. A separate affidavit
B. A confirmation that the witness understood the Business and Property Courts rules
Explanation: CPR 57AC requires the legal representative to certify they explained the requirements to the witness.
A claimant drafts a witness statement setting out the facts but also including several paragraphs about how unfairly the defendant has acted and suggesting how the court should rule.
What is wrong with this statement?
A. The statement includes irrelevant background facts
B. The statement wrongly contains arguments, not facts
C. The statement does not include a statement of truth
D. The statement is missing exhibits
B. The statement wrongly contains arguments, not facts
Explanation: A witness statement must contain only facts, not legal arguments or opinions on what the court should decide.
A witness describes events they observed, saying: “The van looked like it was speeding because it overtook many cars quickly and was roaring loudly.”
Is this kind of statement admissible?
A. No, it is hearsay evidence
B. No, it is improper expert evidence
C. Yes, it conveys perceived facts and is admissible
D. Yes, but only if the witness is a police officer
C. Yes, it conveys perceived facts and is admissible
Explanation: This is the perceived facts exception under the Civil Evidence Act 1972 – a non-expert witness can summarise observations.
