WITNESS STATEMENT ORDEAL
We complete our look at the 127th CPR update (see ‘Civil way’, NLJ 26 February 2021, p14) with the dreaded new PD 57A and its statement of best practice on Pts 7 and 8 trial witness statements in the Business and Property Courts (B&PC). The essential first step is to establish when you can ignore it. Chuckle away if you can get your witness statements signed before 6 April 2021, you are not litigating out of a B&PC or the statements are for an interim hearing or proceedings specified at para 1.3 of the PD (including most insolvency business and claims under the Inheritance (Provision for Family and Dependants) Act 1975 and if they don’t amend the PD to put in the ‘and’, I will impose the strictest sanction known to man). Admiralty proceedings commenced by forms ADM1/1A/15/20 escape as well but a practice note from the Admiralty Judge signals that it is likely to be full
