HAVING A COPY OF WITNESS STATEMENTS AVAILABLE AT COURT: IT IS IN THE RULES
One other aspect of the decision in Prosser v British Airways Plc [2018] EW Misc B13 is worth noting. There was a rare reference to the requirements of CPR 32.13(1). Copy witness statements must be available at the trial for inspection.
THE JUDGMENT
“I invited the parties to have consideration to part 32.13(1) of the Civil Procedure Rules (hereafter CPR) and to address me upon the application of the rule in this case. After a short adjournment, the advocates informed me that they had arranged to make available for inspection within the courtroom, a copy of each statement of the witnesses that would be giving evidence at the trial. I agreed that this proposal satisfied the requirements of the CPR”
THE PURPOSE
CPR 32.13 states that copy witness statements must be available within the courtroom and open to inspection during the course of a trial. I suspect that this is to assist anyone observing the trial, otherwise much of what is going on will not make sense. The witness statement will have stood as the evidence in chief. Given the news coverage there was of this case it appears likely that there were journalists in court watching the trial.
THE RULE
Note that the position is that the court will allow the statement to be open to inspection.