Witness statements—exchange of statements

Published by a ��Ӱ�� Dispute Resolution expert

Practice notes

Witness statements—exchange of statements

Published by a ��Ӱ�� Dispute Resolution expert

Practice notes

This Practice Note considers service of witness statements, looking at when and how to file and serve factual witness evidence, including simultaneous exchange and methods of service. Timing issues are covered in detail, including the sanction for failing to comply under CPR 32.10, how to seek an extension of time and the steps you can take when you have breached your obligation (including applying for permission to rely on the oral evidence of a witness whose statement was served late and/or applying for relief from sanctions. Practical steps on how to avoid default are also offered.

Serving witness statements

If you wish to rely on witness evidence, it must be set out in a witness statement, which must be served within the time specified by the court (CPR 32.10—see: Failure to serve in time—Rule 32.10 below).

A witness statement is a person’s signed, written statement setting out the evidence that they would be permitted to be allowed to give orally (CPR 32.4(1)). For more information on the substantive and technical content of witness statements, see Practice Notes: Witness

Jurisdiction(s):

United Kingdom

Key definition:

Serving definition

What does Serving mean?

The word serving can mean different things. The meaning of the word was considered in Ageas (UK) Ltd v Kwik-Fit (GB) Ltd [2013] EWHC 3271 (QB) at para [54] where the judge noted that the ‘expression is one which can bear a number of different and conflicting meanings covering points in time before, on, and after receipt. For instance it can mean dispatch in the sense that a document is “served” from the point in time of its dispatch or sending and therefore prior to its receipt.’

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