There are many examples of judges criticising witness statements which fail to comply. The purpose of the witness statement is in this context is to say, so far as the witness can say what happened, what the witness says he or she did, what he or she knew or thought or believed or intended, or, the meaning or content of documents to which they were a party where they can comment properly about them and where the meaning or content of that document has been called into question. In PCP Capital Partners LLP v Barclays Bank plc (12 March 2020) Waksman J put it as follows: The starting point for any witness statement is that is the evidence of fact that the witness can give, it should be in the witness’ own words where possible, and should avoid argument, expressions of opinion, submissions about the issues and observations about the evidence of other witnesses. It ought to be noted that an inadequate statement of truth does not render the document a nullity: it will remain effective until struck out. In the short term, we are likely to see witness statements explaining how solicitors and clients have worked their way around the Covid-19 restrictions, but the requirement offers wider opportunities to strengthen the credibility of witness statements and to reduce the risks of cross examination. The foreign language witness statement should be filed with the court, translated and the translator must sign the original statement and must certify that the translation is accurate (PD 32, para 23.2). 18.1) and the statement of truth is also to be in that language (PD 22 para 2.4). In such cases, the statement must be drafted in the witness’s own language (PD 32, para.
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