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Question 1

What is the purpose of a witness statement in legal proceedings?

Answer 1

A witness statement is a written statement signed by a person that contains the evidence they would be allowed to give orally. It is exchanged with other parties to save time and costs at trial and helps facilitate settlement. At trial, the witness statement stands as the witness’s evidence in chief.

Question 2

What are the consequences of not serving a witness statement within the specified time?

Answer 2

If a witness statement is not served within the time specified by the court, the witness may not be called to give oral evidence at trial unless the court gives permission. Late service of witness statements may require an application for relief from sanctions.

Question 3

What is the role of the court in controlling evidence?

Answer 3

The court has the power to control the evidence by giving directions on the issues it requires evidence on, the nature of the evidence, and how it should be presented. The court can also exclude or limit the admissibility and cross-examination of evidence.

Question 4

What are the two exceptions to the general rule that opinions of witnesses are not admissible?

Answer 4

The two exceptions are perceived facts and expert opinion. Perceived facts allow a witness of fact to give opinion evidence based on their personal perception of relevant matters. Expert opinion allows witnesses with expertise to give opinions on relevant matters within their field.

Question 5

What are the potential consequences of making a false statement in a witness statement?

Answer 5

Making a false statement in a witness statement without an honest belief in its truth may lead to proceedings for contempt of court. It is important to warn witnesses about the implications of signing a false statement of truth.

Question 6

What is the form and content of a witness statement?

Answer 6

A witness statement must be in the witness’s own words and language. It should cover every fact that needs to be proved by the witness and must be verified by a statement of truth. The statement must be headed with the court, claim number, and parties involved.

Question 7

What types of evidence are used to prove facts in legal proceedings?

Answer 7

Facts in legal proceedings can be proved through documents, witness evidence, and real evidence. Documents are disclosed and inspected, witness evidence includes witnesses of fact and expert witnesses, and real evidence refers to physical items adduced as evidence.

Question 8

What is the role of witness statements in interim hearings?

Answer 8

In interim hearings, written evidence in the form of witness statements is often used to support applications or oppose them. The court relies solely on the witness statements for evidence, and cross-examination is generally not required unless specifically permitted by the court.

Question 9

How does the court exercise its power to control evidence?

Answer 9

The court exercises its power to control evidence by giving directions on the issues it requires evidence on, the nature of the evidence, and the way it should be presented. The court can also exclude or limit the admissibility and cross-examination of evidence.

Question 10

What are the key components of a witness statement?

Answer 10

A witness statement should include a heading, the witness’s name and address, their occupation, the process through which the statement was prepared, an ‘information and belief’ paragraph, and the witness’s own words and language. It should also be signed by the witness.

Question 11

What additional paragraphs are included in witness statements for use at interim hearings?

Answer 11

Witness statements for use at interim hearings contain two brief additional paragraphs. One confirms the reason for the statement, and the other states what the witness would like the court to do in relation to the interim application.

Question 12

What are the formatting differences between witness statements prepared for interim hearings and those prepared for trial?

Answer 12

Witness statements prepared for interim hearings include two extra paragraphs: one confirming the reason for the statement and the other stating what the witness would like the court to do in relation to the interim application. Trial witness statements in the Business and Property Courts must identify the documents referred to and include a confirmation from a legal representative.

Question 13

What is the difference between a witness statement and an affidavit?

Answer 13

While both serve as evidence of fact, a witness statement is a written statement signed by the witness, while an affidavit is a written statement sworn before a person authorized to administer affidavits. Affidavits are used in specific situations, such as applications for search orders or freezing injunctions.

Affidavids have jurats instead of being signed and this must be done personally - not on the behalf of a company

Question 14

What is hearsay evidence?

Answer 14

Hearsay evidence is indirect evidence, either oral or written, made out of court and being adduced in court to prove the truth of the matter stated. It is considered less reliable than direct evidence and is subject to specific rules and safeguards.

Question 15

What are the special rules for hearsay evidence in civil proceedings?

Answer 15

Hearsay evidence is admissible in civil proceedings by virtue of the Civil Evidence Act 1995. However, it is treated carefully by the court due to its indirect nature and inherent potential for unreliability. There are procedural safeguards, including notice requirements and opportunities for cross-examination and challenging credibility.

Question 16

What is the purpose of giving notice of intention to rely on hearsay evidence?

Answer 16

If a party intends to rely on hearsay evidence at trial, they must give notice to the other party. This notice requirement provides an opportunity for the other party to challenge the credibility of the evidence and ensures that hearsay evidence is carefully scrutinized by the court.

Question 17

What are the requirements for an affidavit?

Answer 17

An affidavit is a written statement of evidence that is sworn before a person authorized to administer affidavits. It must be signed by all deponents, completed and signed by the person before whom it was sworn, and contain the full address of that person. It ends with a jurat, which authenticates the affidavit.

Question 18

What is the general rule for admissibility of evidence in civil proceedings?

Answer 18

The general rule is that all evidence that is relevant to the facts is admissible in civil proceedings. However, there are special rules governing opinion evidence, privileged evidence, and hearsay evidence.

Question 19

What are the consequences if notice is not given when it should have been in relation to hearsay evidence?

Answer 19

If notice is not given when it should have been, the evidence will still be admissible, but the weight the court attaches to it is likely to be less and the offending party may be penalized in costs.

Question 20

What are the four possible options for a party upon receiving a notice of intention to rely on hearsay evidence?

Answer 20

Upon receiving a notice of intention to rely on hearsay evidence, a party has four possible options: (1) Notice of intention to rely on hearsay evidence, (2) Request particulars of hearsay, (3) Call for cross-examination, and (4) Challenge the weight of hearsay evidence.

Question 21

How can the credibility of an absent witness be attacked in relation to hearsay evidence?

Answer 21

If a person wishes to rely on hearsay evidence but does not propose to call the person who made the original statement to give evidence, the party who has received notice can attack the credibility of the absent witness at trial. The attack should show that the absent witness made previous inconsistent or contradictory statements

Question 22

What types of evidence fall under the definition of hearsay evidence?

Answer 22

The definition of hearsay evidence includes oral statements and statements made in documents or any other medium in which information of any description is recorded. This includes pictorial representations such as plans, photographs, and models.

Question 23

What are the notice rules for evidence that is not contained in a witness statement or expert’s report?

Answer 23

For evidence that is not contained in a witness statement or expert’s report, there are notice rules that must be followed. If notice is not given, the evidence will not be receivable at trial.

Question 24

The rules specify how the notice should be given (CPR 33.2)

Answer 24

• If a party intends to rely on hearsay evidence at trial, it must give notice to the other party that it intends to do so. The rules specify how the notice should be given (CPR 33.2):
   If the evidence is in a witness statement of a person who is to give oral evidence at trial, no formal notice is required. Notice of the hearsay is deemed served when witness statements are served on the other party; no separate communication is required.
   If the evidence is in a witness statement of a person who is not giving oral evidence at trial, no formal notice is required but the other party must be informed that the witness will not be giving evidence at trial with reasons.
   In all other cases, formal notice must be given to the other party identifying the hearsay, stating that the party wishes to rely on it and the reason why the witness will not be called.
• If notice is not given when it should have been (usually no later than the latest date for serving witness statements) , the evidence will still be admissible, but the weight the court attaches to it is likely to be less and the offending party may be penalised in costs.

Question 25

n civil proceedings, under what circumstances is a person’s conviction admissible as evidence?

Answer 25

In civil proceedings, a person’s conviction of an offense in a UK court is admissible as evidence to prove that they committed the offense. However, proving the offense must be relevant to an issue in the proceedings.

Question 26

What is the burden of proof when a person’s conviction is introduced as evidence in civil proceedings?

Answer 26

When a person’s conviction is introduced as evidence in civil proceedings, the burden of proof is on the person wanting to prove the contrary. They must prove, on a balance of probabilities, that the person convicted did not commit the offense.

Question 27

What is the duty of an expert in civil proceedings?

Answer 27

The duty of an expert in civil proceedings is to help the court on matters within their own expertise. This duty overrides any obligation to the party instructing the expert.

Question 28

What is the court’s duty regarding expert evidence in civil proceedings?

Answer 28

The court has a duty to restrict expert evidence to that which is reasonably required to resolve the proceedings. The court controls the evidence by directing the issues on which it requires evidence and the way in which evidence is to be placed before the court.

Question 29

What is required to adduce expert evidence at trial in civil proceedings?

Answer 29

To adduce expert evidence at trial in civil proceedings, a court order is required. Parties must seek permission from the court to rely on expert evidence in the proceedings.

Question 30

What should an expert witness do if they have insufficient data to support their opinion?

Answer 30

If an expert witness believes that there is insufficient data available to properly research their opinion, they should state this and indicate that their opinion is provisional.

Question 31

What are the requirements for expert reports?

Answer 31

Expert reports must be in writing and addressed to the court. They should include the expert’s qualifications, details of any material relied on, substance of facts and instructions given, and a summary of the expert’s conclusions. The report should also contain a statement that the expert understands their duty to the court and has complied with it.

Question 32

What happens if an expert witness changes their mind on a material matter?

Answer 32

If an expert witness changes their mind on a material matter after exchanging reports, they should communicate the change of view to the other party and, when appropriate, to the court.

Question 33

What documents must be provided to the other side during the exchange of expert evidence?

Answer 33

Photographs, plans, survey reports, and other documents referred to in the expert evidence must be provided to the other side at the same time as the exchange of reports.

Question 34

What is the purpose of single joint experts?

Answer 34

Single joint experts are appointed to save costs and provide impartial opinions. They are often ordered in small claims track and fast track matters, but may not be appropriate in complex multi-track claims.

Question 35

What can a party do if they receive an unfavourable report from their expert?

Answer 35

If a party receives an unfavourable report from their expert, they can put questions to the expert, seek permission for the expert to give oral evidence, or seek advice from another expert advisor. However, seeking permission to adduce a second expert’s report is difficult and costly.

Question 36

What happens during discussions between experts?

Answer 36

During discussions between experts, they can identify the issues in the case and try to reach an agreed opinion. The court can specify the issues to be discussed and require a joint statement summarizing areas of agreement and disagreement.

Question 37

What happens if an expert’s report is not exchanged in accordance with given directions?

Answer 37

If an expert’s report is not exchanged in accordance with given directions, the evidence cannot be used unless the court gives permission.

Question 38

What can a party do if they suspect instructions to an expert are inaccurate?

Answer 38

If a party has reasonable grounds for suspecting that instructions to an expert are inaccurate, they can argue that the instructions should not be accepted by the court. However, they cannot force disclosure and inspection of the instructions unless the instructions are inaccurate or incomplete.

Question 39

What happens if an expert witness does not answer written questions?

Answer 39

f an expert witness does not answer written questions, the court can order that the party who instructed the expert cannot rely on their evidence and may not be able to recover the expert’s fees from the other party.

Question 40

What additional instructions should a single joint expert receive when providing a report?

Answer 40

In addition to the instructions to provide a report, a single joint expert should receive an order to prepare a statement of the issues on which the experts agree and disagree.

Question 41

Who is responsible for serving an order requiring an act by an expert?

Answer 41

In the case of a single joint expert, the party instructing the expert (in this case, the claimant) is responsible for serving the order on the expert.

Question 42

What can a party do to extend time for exchange of witness statememnts?

Answer 42

• The parties can agree in writing extensions of up to 28 days for serving (and filing, if that has been ordered) of witness statements without the need for court approval provided any such extension does not put a hearing at risk (CPR 28.4 and 29.5).