![]() It should therefore be confined to facts of which the witness can give evidence. 19.3 A witness statement should simply cover those issues, but only those issues, on which the party serving the statement wishes that witness to give evidence in chief. This guideline applies unless the perception or recollection of the witness of the events in question is not in issue. Accordingly witness statements should, so far as possible, be expressed in the witness’s own words. 19.2 T he function of a witness statement is to set out in writing the evidence in chief of the maker of the statement. “Chapter 19 Witness statements Witness statements for trials Content of witness statements 19.1 CPR rule.32.4 describes a witness statement as “ a written statement signed by a person which contains the evidence which that person would be allowed to give orally”. It is incumbent on solicitors, and counsel, to ensure that costs do not increase by the over-elaboration of witness statements.A professional adviser may have a duty to check the truth of a statement.Inadmissible material should be excluded.Statements should be “as concise as circumstances allow”. ![]() Witness statements are for facts and not for argument (this applies just as much to statements in interlocutory applications).The key elements to take from this, which are of general relevance are: It is not, for example, the function of a witness statement to provide a commentary on the documents in the trial bundle, nor to set out quotations from such documents, nor to engage in matters of argument, expressions of opinion or submissions about the issues, nor to make observations about the evidence of other witnesses” KEY POINTS “A witness statement should simply cover those issues, but only those issues, on which the party serving the statement wishes that witness to give evidence in chief. Just reading and following these few steps alone would be of considerable benefit to about 80% of the witness statements I see. Here I want to look at one aspect: the guidance on witness statements. I have said many times that the Chancery Guide has much to offer all civil practitioners. Such is the remarkable ability of the Chancery Division that the latest guide (dated March 2016) is already available.
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