SHOULD THE COURT GIVE ADEFENDANT PERMISSION TO RELY ON WITNESS STATEMENT THAT WAS SENT “EARLY” BUT NOT SERVED AS A TRIAL WITNESS STATEMENT?

October 23, 2025 · by · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Relief from sanctions, Witness statements

We are looking at an application to rely on a witness statement that was served "late".   The statement had, in fact, been served on the claimants ahead of the deadline but not served as a witness statement for trial.   When considering the application the judge took account of the contents of the s...

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