MASTERING PD57AC – GETTING WITNESS STATEMENTS RIGHT IN THE COMMERCIAL COURTS (AND THE CONSEQUENCES IF YOU DON’T): WEBINAR 30th APRIL 2026

Witness statements can make—or break—your case in the Commercial Courts. Since the introduction of Practice Direction 57AC in April 2021, the courts have repeatedly emphasised that compliance is not optional. Yet many practitioners continue to fall into the same costly traps.    This webinar aims to take practitioners through the background to PD57AC, the rules in detail and the case law in detail. It will look at how and why the rules are being breached, the consequences of this and the steps you should take if your opponent’s statements are in breach.  It provides a series of checklists for the practitioner and client which help to ensure compliance and that statements remain compliant and useful.  Booking details are available here.

KEY PRACTICE POINTS

The number of cases where PD57AC is breached, or simply ignored, continues to grow (we will be looking at another this week).  This is a dangerous practice which puts both clients and lawyers at risk. The webinar is designed to give practitioners a clear idea of both rules, practice and the sometimes harsh effects when PD57AC is breached.  The webinar, along with the checklists and draft letters, aim to give practitioners clear guidance to ensure compliance going forward.

“There is far too much lip service paid to PD57AC by those preparing and certifying witness statements. Whether they see this as a way of managing their clients’ desire to be given a voice on the issues in the case or as a convenient way to summarise material, they should not work on the assumption that non-compliant witness statements will not have consequences, whether simply by way of unfavourable costs orders or through the range of sanctions in PD57AC including their being ruled inadmissible.”

(KSY Juice Blends UK Ltd v Citrosuco GmbH [2024] EWHC 2098 (Comm) HHJ Pearce (sitting as a Judge of the High Court) )

“MORE HONOURED IN THE BREACH THAN THE OBSERVANCE”

As one judge observed, submissions had been made that PD57AC is often “more honoured in the breach than the observance.” The consequences are increasingly serious: adverse costs orders, judicial criticism, and even key evidence being ruled inadmissible.

This practical and focused webinar cuts through the complexity to show you exactly what the rules require—and how to apply them effectively in real litigation.

Drawing on recent authorities including KSY Juice Blends UK Ltd v Citrosuco GmbH, Illiquidx Ltd v Altana Wealth Ltd, and McKinney Plant & Safety Ltd v CITB, we examine how the courts are enforcing PD57AC in practice—and what happens when things go wrong.

““… the claimant elected to draft their witness statements without regard to the requirements of PD 57AC, a prescribed process that has been in place for a number of years and the parties are represented by very experienced commercial solicitors. It would similarly be unjust for the defendants to potentially be liable for the costs incurred by the claimant in preparing non-compliant statements where they were required not just to rewrite parts of the statements but to rewrite them in their entirety. It is therefore just for the claimant not to be able to recover the costs of preparing the original witness statements.” (Illiquidx Ltd v Altana Wealth Ltd & Ors [2025] EWHC 1627 (Ch), Chief Master Shuman)

WHAT IS BEING COVERED

• What PD57AC really requires (and what it does not)
• How to ensure statements reflect true witness evidence—not advocacy
• The most common drafting errors (and how to avoid them)
• How the courts are approaching non-compliance and sanctions
• Practical techniques to produce clear, compliant, and persuasive statements

We will also provide practical checklists and template communications to help you implement best practice immediately.

Recent cases show the risks of getting it wrong:

• Costs disallowed for entirely non-compliant statements
• Evidence given reduced or no weight where witnesses did not properly engage
• Indemnity costs awarded for serious breaches and dismissive responses

The message from the courts is clear: PD57AC compliance matters—and it will be enforced.

Who should attend?

Commercial litigators, solicitors, barristers, and anyone responsible for drafting, reviewing, or supervising witness evidence. The session will also benefit practitioners dealing with witness statements in any jurisdiction.

” I required that the meaning of the certificates be properly explained to each witness before adding a signature (which is necessary under Practice Direction 57AC in any event), it was evident from the oral evidence of some witnesses that they had not properly reviewed their written evidence and that the formal certification carried little or no weight. That has the result of reducing the weight I am able to give to any controversial matter contained in the witnesses’ statements which is not supported by reliable corroborative witness evidence, or relevant contemporaneous documents, or inherent probability.”

Mosammat Shapna Khatun v Shamim Hasan & Anor [2025] EWHC 1658 (Ch), Caroline Shea KC, sitting as a Deputy Judge of the High Court.

The Cost

CLB Member discount is available, the  discount code is CLB25PC  or contact webinars@civillitigationbrief.com for more details.

• Webinar Individual Ticket: £100 plus VAT per person
  (*£75 plus VAT for CLB members).
• Webinar Group 5 Ticket: £400 plus VAT (up to 5 delegates can join)
  (*£300 plus VAT for CLB members).
• Webinar Group 10 Ticket: £700 plus VAT (up to 10 delegates can join)
  (*£525 plus VAT for CLB members).