Witness statements in the Business and Property Courts will change significantly from 6 April 2021.  New rules, contained within Practice Direction 57AC are deigned to:

  • Shorten witness statements,
  • Stick to factual evidence (as opposed to legal argument and comment),
  • stop witnesses quoting from documents.

This is a fundamental change for both Commercial Litigation witnesses and Lawyers.  Witnesses will have to sign a “Confirmation of Compliance” (as well as a statement of truth) and lawyers will have to sign a Certificate confirming that they have complied with the Statement of Best Practice.  Witness statements risk being struck out if they are not endorsed with the relevant Confirmation of Compliance.

Ellisons’ Commercial Dispute Resolution continue to support our clients through all stages of the litigation process.  For further information please contract Graeme Wallington or Hayley Songhurst.