Preparing Witness Statements for Use in Trials in IP Actions: Greencastle v Payne
Author Francis Carruthers Gould Source Wikimedia Commons Jane Lambert Chancery Division (Mr Justice Fancourt) Greencastle MM LLP v Payne and others [2022] EWHC 438 (13 Jan 2022) For many years witnesses in civil proceedings in England and Wales have delivered their evidence in chief in writing. That shortens trials and enables parties to know the case they have to meet at an early stage but it has given rise to concerns that factual witness statements are often ineffective in performing their core function of achieving best evidence at proportionate cost. Those concerns were expressed at a meeting of the Commercial Court Users’ Committee in March 2018. A working group was set up consisting of: Mr Justice Popplewell (Commercial Court) (Chair) Mr Justice Andrew Baker (Commercial Court) Mr Justice Fancourt (Chancery Division) Mr Justice Waksman (Commercial Court and Technology and Construction Court, and formerly Circuit Com...