We have already looked once this week at a judge’s viewpoint on the drafting of witness statements. In terms of advocacy they are crucial. The rules only allow the witness to give additional evidence in exceptional circumstances. Many cases that go to trial are, in essence, about the credibility of the witnesses and accuracy of witness recollection. This highlights the fact that all of those involved in the civil litigation process are advocates, in terms of being responsible for producing credible material that will persuade a judge (or persuade your opponents to settle). The aim of this series is to persuade you to read the original article. Here we look at guidance given by a judge in relation to drafting a witness statement.
“Lawyers want the statements to capture all the relevant facts in a way which is persuasive and compelling to a judge. In an attempt to achieve…
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