witness meaning

Introduction This Checklist is intended for legal representatives who are involved in directly assisting witnesses to prepare trial witness statements within the Business and Property Courts, and which are subject to CPR PD 57AC. This Checklist should be read alongside Practice Note: Trial witness statements in the Business and Property Courts under CPR PD 57AC, which sets out the requirements in fuller detail...

Checklist on expert evidence in Scottish civil litigation This checklist outlines the principal factors for a solicitor contemplating engaging an expert in a civil dispute before the Scottish courts. It should be read alongside Practice Notes: Expert evidence in Scottish civil litigation-general considerations and Leading expert evidence in Scottish civil litigation-rules and procedure. Issue Considerations Assessing the need for an expert witness What kind of dispute is involved (for instance, a professional negligence claim will typically require an expert report before proceedings are commenced)? Is instructing an expert reasonable and proportionate when measured against the value of the claim? Is there a need to instruct more than one expert? Admissibility of the expert evidence Is expert assistance required to enable the court to decide the issues? Does the expert possess the appropriate knowledge and experience? Will the expert remain impartial in their presentation and assessment of the...

Checklist This Checklist offers guidance on witness evidence supporting an application for pre-action disclosure under CPR Part 31.16, in situations where the applicant and respondent are likely to become parties to later proceedings. It also identifies the main matters to include within the witness statement, together with cross-references, points on costs, and exhibits where relevant...

Stage 1—preparing to bring a claim and pre-action matters Guidance on infringement, defences, ownership, injunctions, running disputes, and the Business and Property Courts Disclosure Scheme; cease and desist precedent; timetable checklist; key forms; IP insurance. Stage 2—letter of claim alleging copyright infringement Guidance on infringement, drafting letters of claim, unjustified threats and remedies, with precedents for standard and peer‑to‑peer infringement letters. Stage 3—commencing proceedings Notes on infringement, secondary infringement, permitted acts, remedies, criminal offences, the Business and Property Courts and the Disclosure Scheme; pleadings/initial disclosure precedents; Disclosure/IPEC flow tools; CPR claim/defence/settlement/default forms. Stage 4—case management Guidance on running disputes, costs management and the Disclosure Scheme; checklist; Chancery, Patents Court and IPEC Guides; Mitchell v NGN; core case‑management and disclosure forms. Stage 5—disclosure and evidence Notes on e‑disclosure, witness statements and the Disclosure Scheme; PD 57AC for Business and Property Courts trial statements (not...

Stage 1—preparing to bring a claim and pre-action matters Guidance on UK trade mark infringement, offences, passing off, interim injunctions, running IP disputes, privilege, dispute resolution (mediation and arbitration), and the Disclosure Scheme; plus checklists and forms (injunction, application, hearing) Stage 2—Letter before action alleging infringement Notes on infringement, passing off, unjustified threats and drafting; includes a trade mark letter of claim precedent Stage 3—commencing proceedings Procedure, defences and exceptions, IPEC flowchart, pleadings and initial disclosure precedents, and CPR/Part 36 forms Stage 4—case management Procedure and Disclosure Scheme notes, court guides (Chancery, Patents Court, IPEC and Small Claims), and case management questionnaires, Disclosure Review Document, Certificate of Compliance, budgets and directions Stage 5—disclosure and evidence Surveys and witness evidence (PD 57AC), privilege, disclosure (including electronic) and flexible trials; witness statement and Extended Disclosure precedents; affidavits, applications and certificates Stage 6—trial...

In this issue: Pay Prohibited conduct (discrimination etc) Equality, diversity and inclusion Whistleblowing Coronavirus (COVID-19) Issues arising on termination Employment tribunals Corporate governance Immigration Daily and weekly news alerts New and updated content IRLR Highlights—September 2024 Dates for your diary Trackers New Q&As Pay Think tank High Pay Centre released analysis of FTSE 100 executive pay for 2023. While CEO pay growth has eased after the post-pandemic surge, the median package hit a new record, up from £4.1m in 2022 to £4.19m in 2023. See: LNB News 12/08/2024 34. Prohibited conduct (discrimination etc) ET permitted to reject dismissal complaints despite the employer’s previous omission to make reasonable adjustments. In Parnell v Royal Mail Group [2024] EAT 130, the claimant brought about 31 employment tribunal claims, divided into two periods, each decided by a different tribunal...

In this issue: Key DR developments Claims and remedies Cross-border disputes Evidence and disclosure New content Dates for your diary Useful information Collaborate and network with a community of expert lawyers Daily and weekly news alerts Key DR developments 163rd Practice Direction update 163rd PD update—effective on 1 February and 6 April 2024: The 163rd Practice Direction (PD) changes to the Civil Procedure Rules have received approval from the Master of the Rolls together with the Parliamentary Under-Secretary of State for Justice...

In this issue: Key DR developments Claims and remedies Costs and funding Litigation Case management Evidence and disclosure ADR Scottish Dispute Resolution New content Dates for your diary Useful information Daily and weekly news alerts Dispute Resolution Highlights 2025/2026 Key DR developments Alternative dispute resolution European Parliament adopts new rules to modernise out-of-court dispute resolution for consumers The European Parliament has approved refreshed measures to enhance consumer out-of-court complaint handling, updating the EU’s ADR framework for the digital landscape and cross-border disputes. The reforms delineate ADR’s reach to cover matters arising both before and after contractual agreements, and in specified circumstances enable involvement by traders from third countries. The directive will come into force 20 days following publication and will begin to apply 32 months thereafter. For more, see: Parliament adopts new rules to modernise out-of-court dispute resolution for consumers—LNB News 16/12/2025 Court information HMCTS update hearing...

This Practice Note sets out when the court may issue directions about the proper treatment and questioning of a witness or defendant at a ground rules hearing, explains the procedural framework for such hearings, and outlines the directions that might be made in a particular case. Those directions form part of a wider suite of special measures intended to support the effective participation of a vulnerable witness or defendant in criminal proceedings, where necessary and proportionate. For detail on other special measures available in criminal cases, see Practice Notes: Special measures and Special measures for the accused. The procedural scheme for a ground rules hearing appears in Part 3 of the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, with further guidance in Part 6 of the Criminal Practice Directions 2023 (CPD 2023). Additional guidance is available in the Crown Court Compendium Part I and the Equal Treatment Bench Book. Duty to facilitate participation When preparing for trial, the court must take all reasonable steps to enable the...

Note From 1 January 2026, the Commercial Court and the London Commercial Court are running a pilot under CPR PD 51ZH. By default, specified materials used in public hearings—such as witness statements and skeleton arguments—will be accessible to the public. Practitioners issuing applications in these courts should acquaint themselves with the pilot and take suitable measures to safeguard clients when drafting any impacted documents. For further direction, see Practice Note: Non-party access to court documents and information in civil proceedings. This Practice Note explains how to complete an application notice using form N244(CC) for proceedings in the Commercial Court. For broader guidance on applications, refer to the following Practice Notes: How to make an application for a court order (CPR 23) Making an application in the Commercial Courts Form N244(CC) In civil proceedings, applications are ordinarily made by application notice—see Practice Note: Informal applications for when the court may allow an application without one. In most courts, the standard application...

This Practice Note This Practice Note outlines how the family courts address questions of capacity and the methods for assessing it, including the use of expert opinion. Within family proceedings, capacity is pertinent both to a person's ability to litigate and to settle proceedings, such as by agreeing a consent order. The focus is chiefly on an adult's capacity, or on cases where a 16–17 year old is involved in the proceedings and is expected to lack the necessary decision-making capacity on reaching 18. For matters concerning children's representation, see also Practice Note: Children as parties to public law proceedings. Broader issues about capacity in the context of family relationships are addressed in Practice Note: Capacity to marry, cohabit and have sexual relations. In Richardson-Ruhan v Ruhan, Mostyn J observed that a person's capacity to run proceedings is not contingent on receiving legal advice (whether sound or poor); if, with the benefit of advice, they would be able to take the required decisions, they have capacity, regardless of whether...

INSOLVENCY ACT APPLICATION NOTICE Case No: [ insert case number ]. Court: High Court (Business and Property Courts, Insolvency and Companies List (ChD)) OR Business and Property Courts in [ insert location ] OR County Court at [ insert location ] (Business and Property Work). In the matter of [ insert company’s name ] and the Insolvency Act 1986. Parties: [ Insert Applicant(s) ] v [ Insert Respondent(s) ]. Under IR 2016 r 18.23. Parties and addresses: Applicants [ names/addresses ]; Respondents [ names/addresses ]. Application relates to [ details ]. Judge: [ level ]. Venue: [ court/hearing centre ]. Ref: [ number ]. Orders sought: Fix remuneration at £[ insert sum ] plus VAT; disbursements £[ insert sum ]. Costs to be an expense of the [ liquidation/administration ]. Any further order or relief the court considers appropriate. Grounds: witness statement of [ name ], dated [ date ]. Service/notice: [ names/addresses, if any, or none ]. Address for...

Claimant [ initial and family name ]: First: [ date ] BEFORE [ HIGH COURT OF JUSTICE ] [ CHANCERY DIVISION ] [ BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES ] [ PROPERTY, TRUSTS AND PROBATE LIST ] Claim Reference...

Applicant: [ NAME OF WITNESS ] First witness statement; Dated: [ insert ] — Exhibit: [ XX1 ] — Court ref. no: [ INSERT COURT REF. NUMBER ] [ IN THE HIGH COURT OF JUSTICE ] Business and Property Courts [ of England and Wales ] [ in [ INSERT LOCATION ] ] [ Company & Insolvency List (ChD) ] Or [ in the County Court at [ INSERT LOCATION ] ] [ Business and Property Courts List ] Or [ in the High Court of Justice ] [ Chancery Division ] In the matter of [ INVESTMENT BANK NAME ]; in the matter of the Investment Bank Special Administration Regulations 2011; and in the matter of the Insolvency Act 1986 WITNESS STATEMENT OF [ WITNESS NAME ] I, [ witness name ], being a director [ and chairperson ] of [ investment bank name ] of [ investment bank address ], state as follows: I serve as [...

At the heart of the query lies the status of a party who does not adhere to a court direction, yet has lodged an application to extend the time for compliance before the expiry of the deadline attached to that direction. On the scenario set out, the claimant will be in breach of the court order concerning the exchange of witness statements in two weeks’ time, because that order will not have been varied before the deadline for compliance under that order...

Unfair dismissal—conduct and procedure Where an employee pursues an unfair dismissal claim, the onus lies with the employer to demonstrate a fair reason for ending employment. Conduct is one of the potentially fair grounds, but a fair process must also be observed. Ultimately, it needs to be established that dismissal is an appropriate and fair sanction. The Acas Code of Practice on Disciplinary and Grievance Procedures imposes duties on both employers and employees to follow its provisions, with possible sanctions for non-compliance. It describes the standard of reasonable behaviour expected in most situations. For further guidance, see the following Practice Notes: Dismissing fairly for conduct reasons Reason for dismissal—conduct Reason for dismissal—general, in particular section: Potentially fair reasons Acas disciplinary and grievance code—procedural requirements Under the Acas Code of Practice, certain actions—labelled gross misconduct—are so serious in themselves, or carry such serious consequences, that they may justify dismissal without notice even for a first offence. However, a fair disciplinary...

Section 15 of the Wills Act 1837 (WA 1837) states: It provides that if a beneficiary (or their spouse) attests a will, any devise, legacy, estate, interest, gift or appointment to them, their spouse or those claiming through them is void against them. The attesting person may still give evidence of execution and of the will’s validity or invalidity. An interest in residue appears to fall within this rule. However, s 15 does not displace a gift where a separate testamentary instrument, not witnessed by the beneficiary or spouse, later confirms it; for example, B witnesses a Will benefiting B, but does not witness a codicil that reaffirms it. Class gifts differ on lapse: no one is fixed as a member until ascertainment. If a member is barred (for instance, by attesting), the class gift does not lapse; the property is shared among those able to take. For more detail, including on failure of a share in residue, see: Practice Note: Failure...