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08 November 2018 / John A. Kimbell KC
Issue: 7817 / Categories: Features , Procedure & practice
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The pen: mightier than the word?

John A. Kimbell QC considers a new review of the rules on witness evidence in the Business & Property Courts

  • While the primacy of live oral evidence has remained unchallenged in criminal trials, in civil proceedings oral evidence has to a large extent been replaced by written witness statements. Is this about to change in the Business and Property Courts?
  • With witness statements routinely bearing little or no resemblance to what the witness would actually say in person, and the advent of cost budgeting shedding new light on the high cost of preparing witness statements, a review has been called for seeking possible improvements.

Last month saw the launch of a survey on how factual witness evidence is handled in the Business and Property Courts. The survey is part of a review being carried out by a working party, led by Mr Justice Popplewell. The working party contains representatives from industry, the judiciary, the arbitration community and the legal professions. The aim of the review is gather the views of as many users of the Business and Property

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

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Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

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Charles Russell Speechlys—Claudina D’Costa

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Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
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