From Instructions to Evidence: The Art of Drafting Witness Statements

Introduction

This practical virtual classroom seminar examines the art of drafting effective witness statements in civil proceedings. Delegates will consider how to identify the issues that matter, obtain and test the witness’s evidence, distinguish fact from opinion and advocacy and present evidence in a clear, structured and persuasive way. The live session will also explore common drafting mistakes, the effective use of documents and exhibits and the importance of ensuring that a statement genuinely reflects the witness’s own knowledge and recollection.

By the end of this live session, you should be able to plan, draft and review witness statements that are clear, accurate, proportionate and compliant with the applicable procedural requirements, while recognising and managing the risks created by inconsistencies between written and oral evidence.

What You Will Learn

This live and interactive course will cover the following:

• Purpose and function
• The role of witness evidence in civil proceedings
• What a witness statement is - and what it is not
• Preparing to take the statement
• Identifying the purpose of the statement and the relevant issues
• Understanding the witness’s knowledge, recollection and involvement
• Establishing a clear chronology of events
• Identifying relevant documents and exhibits
• Structure and presentation
• The essential components of a compliant witness statement
• Headings, numbered paragraphs, page numbering and document references
• Organising the evidence logically and chronologically
• Writing clearly, concisely and in the first person
• Using exhibits effectively
• Drafting the statement of truth and explaining its significance
• Drafting effective evidence
• Separating what the witness personally knows from what they have been told
• Identifying the source of hearsay evidence
• Common pitfalls
• Drafting submissions or advocacy into the witness statement
• Including matters outside the witness’s personal knowledge
• Overstating the evidence or using absolute language unnecessarily
• Introducing new allegations or arguments late in the proceedings
• Creating inconsistencies with pleadings, contemporaneous documents or earlier statements
• Relying on generic or formulaic wording
• Failing to update the statement when the witness’s recollection changes
• Non-compliance with court directions of page and length limits
• Practical exercise
• Q&As

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.