WITNESS STATEMENTS: WITNESS EVIDENCE: LETTERS BEFORE ACTION: CREDIBILITY AND…. CRICKET

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   Martin Peirson · September 3, 2015 at 15:01:21 · →

   With regard to a number of posts on the subject of witness statements there seems to be a misunderstanding by trial judges regarding the recollection of facts and the dating of witness statements. In my experience seldom, if ever, will the initial statement taken from the claimant be exchanged as part of the court proceedings. It will at the very least be updated regarding quantum prior to exchange. The exchanged statement may well therefore be dated say 2 years after the relevant events but the facts set out in the statement are not being recollected anew after 2 years. Those facts may well have been given to the instructed solicitor a day or two after the accident, noted down clearly and then form part of an early draft statement approved by the claimant. It is therefore incorrect to say the claimant is attempting to recollect events 2 years later and that recollection should therefore be criticised in this way.

   I accept there seem to have been other relevant factors in this case but the date of the statement is often a red herring.

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