DRAFTING WITNESS STATEMENTS: "4 GOLDEN RULES" DIRECTLY FROM THE JUDGES WHO HEAR THE CASES

5 Responses

1. 

   kris · July 28, 2014 at 15:17:54 · →

   it really is like asking people to perform their own surgery.

   Even if they can, it is a rare individual indeed who’s able to maintain a dispassionate view and approach.

2. 

   Charles · July 28, 2014 at 17:22:49 · →

   This is sensible and well-written guidance – but the vast majority of LIP’s will never read it, and most of those that do would struggle to understand it and put it into practice.

   Unfortunately, judges have a naive belief that the average LIP is only slightly less educated and intelligent than they are. The large majority of LIP’s that I come across are clueless – they can’t even understand what the directions require them to do, let alone prepare coherent witness statements.Most of the time you don’t receive a witness statement at all, or it arrives in back of the envelope format the day before the hearing.

   And are we then supposed to courteously remind the LIP of their obligations, or allow them to fall on their own sword? No doubt the judges would say the former and our clients would say the latter, so which is most important?

   It’s frankly absurd to think that an ordinary person could be expected to navigate their way through the CPR – most lawyers struggle with it. But in the post-Mitchell era how are major, but entirely inadvertent breaches by LIP’s to be dealt with?

3. 

   gexall · July 28, 2014 at 18:36:11 · →

   I have amended the text of the post to deal, in part, with these comments. As I state in the (revised) text some judges think that litigants in person regularly draft better witness statements that professional litigators.

   “I have often had occasion to remark about the failure to comply with the CPR so far as witness statements are concerned, as well as the obvious lack of skills of witnesses, and those acting for litigants, in formulating them. It is not infrequently the case that witness statements prepared by litigants-in-person are superior in form and substance to those prepared by solicitors or their agents based upon questionnaires, interviews (often by telephone) or correspondence with witnesses. It is often the case that witness statements, drafted by solicitors or their agents in good faith ( I exclude, of course, any case of deliberate intent to deceive by a witness or drafter), are signed or otherwise accepted by witnesses without any or any proper consideration of their accuracy, completeness or even truth”.
   HH Judge Oliver-Jones QC (Smith –v- J&M Morris (Electrical Contractors) Limited. [2009] EWHC 0025 (QB).

4. 

   ANGELA · October 5, 2014 at 20:09:17 · →

   Litigants in persons read websites such as this. I was a LIP and my opponent’s solicitor failed his client miserably. He ignored the CPR, PD and Court orders. He completely misinterpreted legislation to the detriment of his client, the result of which resulted in two unnecessary hearings and wasted costs. LIP have the advantage in many cases of working in a professional capacity in public administration, business administration, accountancy etc. The majority of LIPs who work in a professional capacity have qualifications in law, economics, accountancy, the list goes on. Lay people working in a variety of businesses ensure they, and their staff, are informed and up-to-date in all aspects of business, hence my reading this article. Do not take all LIPs to be the type of person portrayed by Charles (above) which is condescending and fails to show respect for LIP.

5. 

   Tim · October 10, 2014 at 00:45:35 · →

   In my experience, LIPs are the same as lawyers (and, indeed, the population generally): some of them are very dim, some of them are not so dim and some of them are very bright. The main difference (apart from the absence of legal training) is that LIPs almost invariably find it hard to look at their case objectively. That (as well as the legal training) is what the lawyer is supposed to add.

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