Familiarisation does not breed contempt of court, but take care: the limits of permissible witness preparation are not as clear as they should be, caution James Holden & Thomas Wingfield
- It is generally considered that witness preparation for English civil litigation cannot touch upon the facts of the actual case. In fact, the position is less than clear.
Cases can be won and lost in cross-examination. Even in claims which might not strictly turn on witness evidence, the credibility of the witnesses can colour the credibility of the whole claim. Witnesses provide the face of a corporate party and so influence the attitude of the judge or tribunal to that party. Witness testimony is important.
For the same reason, the limits of permissible witness preparation are important. In English litigation, witness coaching is prohibited. Witness familiarisation, however, is encouraged. But, where is this line drawn?
The Bar Council has maintained a useful note on what it considers permissible. In short, legitimate witness familiarisation involves putting a witness at ease with giving evidence at trial, including what it feels like
