![]() Content of Witness Statementġ1.7 As a litigant in person preparing a witness statement for yourself of any of GUIDANCE TO LITIGANTS IN PERSON (THAT ALL LITIGATORS SHOULD READ). It is often the case that witness statements, drafted by solicitors or their agents in good faith ( I exclude, of course, any case of deliberate intent to deceive by a witness or drafter), are signed or otherwise accepted by witnesses without any or any proper consideration of their accuracy, completeness or even truth”. I t is not infrequently the case that witness statements prepared by litigants-in-person are superior in form and substance to those prepared by solicitors or their agents based upon questionnaires, interviews (often by telephone) or correspondence with witnesses. “ I have often had occasion to remark about the failure to comply with the CPR so far as witness statements are concerned, as well as the obvious lack of skills of witnesses, and those acting for litigants, in formulating them. HH Judge Oliver-Jones QC ( Smith –v- J&M Morris (Electrical Contractors) Limited. However the following judgment makes salutary reading for all professional litigators. I only have limited experience of dealing with litigants in person. In the comments section to this blog there are several comments on the ability of litigants in person to draft their own witness statements. A SALUTARY JUDGMENT: LITIGANTS IN PERSON CAN BE BETTER AT DRAFTING THAN SOLICITORS I have extracted the section on drafting witness statements below and highlighted the most apposite parts for those responsible for drafting witness statements. This applies to the section on drafting witness statements. ![]() It is written by six Circuit Judges so it can be safely assumed that all guidance comes directly from the front line of litigation. ![]() It provides useful insights for most litigators and covers most aspects of civil procedure. I have recommended before that litigators read the guidance for litigants in person. ![]()
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