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Civil Litigation Section

Drafting witness statements from the perspective of a Barrister (8 December)

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A case may be won or lost on the strength of the witness evidence and the performance of the witness at trial.

Important interim applications may fail if the witness statement does not adequately deal with all of the issues.

However research indicates that  the quality of witness statements is the number one area for improvement. The lawyer has to ensure that the witness statement shows the case in the strongest light rather than being a mere rendition of what the witness wants to say.

  • when to take a witness statement and how to conduct an interview
  • evidential issues
  • how the body of the witness statement should be set out and organised, 
  • statement of truth verification 
  • back-page filing information. 
  • exhibits

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