![]() I,, hereby make the following statement: I swear (or affirm) that the information in the statement above and on the attached page(s) is true to the best of my knowledge or belief. And a witness’s comments should stick to facts alone rather than sharing opinions. NameRank/RateSocial Security NumberCommandDivisionSectionPhone. The moral of this is that great care should be taken when your client does not speak or read English because the consequences of a failure to comply with the practice direction can be fatal to the claim. A witness statement refers to the legal written document that covers all the information and accounts regarding incidents in a dispute. On an application to strike it out, the pleading will only be struck out if it is not verified within the time allowed by the order. The statement of case will still be valid unless it is struck out but a party will not be permitted to rely on its contents as evidence (22PD.4). May 2014).įor reasons that are not at all clear, the sanctions in respect of a failure to comply with PD 22.3A in respect of a statement of case will be less severe. This is what happened in a county court case in Doncaster where the District Judge struck out the claim as a result of the Claimant’s failure to comply with PD 22.3A (Mohammed v Bay, 22nd. If this process is not followed and if, for example, the declaration is in the wrong form, then the court may not allow a witness to give evidence. In Hoegh & Anor v Taylor Wessing Llp & Anor 2022 EWHC 856 (Ch), the defendants sought disclosure of documents mentioned in a witness statement under of. The obvious consequence is that, if the witness does not speak English, the witness statement will be in that person’s own language, which must then be translated and the translation filed and verified in accordance with paragraph 23. Once drafted, the statement must be read to the person signing it and a suitable declaration provided. #Witness statement fullYou should use the full names of anyone you mention. Although a witness can give their statement orally or in writing, it must eventually be put into a written document and signed by the witness in order for it to be used as proof or evidence in a case. Your statement should say what happened, in the order that it happened. ![]() The relevant Practice Direction to Part 32 of the Civil Procedure Rules requires that a witness statement must, if practicable, be in the witness’s own word …. A witness statement is an individual’s account of the facts and events of relevant issues that occurred in a dispute. ![]() Phoneer 2 BCLC 241 HHJ Kaye QC said that a witness statement must comply with the relevant Practice Direction: see Rule 32.8. Unfortunately, this requirement is frequently overlooked by both the parties and the court.Īs far as drafting a witness statement is concerned, great care should be taken. This says that where a document containing a statement of truth is to be signed by a person who is unable to read or sign the document, it must contain a certificate by an authorised person. The CPR provides assistance in the practice direction to Part 22. ![]()
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