CIVIL PROCEDURE – BACK TO BASICS 4: WHAT NOT TO PUT IN A WITNESS STATEMENT: “INADMISSIBLE AND IRRELEVANT OPINION, SUBMISSION, SPECULATION AND INNUENDO”

This is a very basic point. A witness statement should consist of evidence.  That principle is often breached in interlocutory applications, as we have seen.  However when a lawyer does this, or allows it to happen, in a witness statement for trial, then it is simply dangerous.   In many cases the w...