Witness Statements for Use in IP Proceedings
Jane Lambert Since 6 April 2021 Practice Direction 57AC Practice Direction 57AC - Trial Witness Statements in the Business and Property Courts has regulated the form and content of witness statements for use in trials in the Business and Property Courts. In Greencastle MM LLP v Payne and other s [2022] EWHC 438 (IPEC) (13 Jan 2022), Mr Justice Fancourt withdrew permission for the service of the claimant's witness statements for a trial that was due to come on in less than a month's time on the ground that they failed to comply with the Practice Direction. In that case, there was time to serve a replacement witness statement and his lordship gave the claimant a week to do that but the courts have power to impose a wide range of sanctions including striking out non-compliant statements. I discussed that case and PD57AC in Preparing Witness Statements for Use in Trials in IP Actions: Greencastle v Payne on 7 May 2022. I made...