Witness summons meaning

This Checklist Sets out the actions practitioners must take to secure a witness summons compelling a witness to attend a Crown Court criminal trial in England and Wales, under the Criminal Procedure (Attendance of Witnesses) Act 1965 (CP(AW)A 1965) and in line with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 17. It should be noted that equivalent powers to issue a summons for a proposed witness in a magistrates’ court are provided by section 97 of the Magistrates’ Courts Act 1980, and powers exist to compel the production of a witness deposition for admission in a Crown Court trial under Schedule 3 to the Crime and Disorder Act 1998. For additional guidance on these powers, consult Practice Note: Obtaining third-party disclosure in criminal proceedings...

Checklist This Checklist outlines the factors to consider when arranging payments to summoned witnesses under CPR 34.7 and to deponents under CPR 34.8, often described as ‘conduct money’. It explains when payments must not be made, how and when they should be processed, and the sums that are payable... Situations in which no payment should be provided The timing and method for making payments The amounts that are due A witness served with a witness summons (CPR 34.7) or an order for a deposition (CPR 34.8) must be offered, or reimbursed for, specified expenses and for loss of time, collectively referred to as ‘conduct money’. Professional conduct obligations, in particular rules 2.2 and 2.3 of the SRA Code of Conduct for Solicitors, registered European lawyers (RELs) and registered foreign lawyers (RFLs), are pertinent to the payment of witnesses...

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...

In this issue: Arbitration in England & Wales International arbitration Investment treaty arbitration Institutional and ad hoc arbitration Sector-and industry-specific arbitration Other arbitration and ADR-related news and developments New and updated content Useful information LexTalk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts Arbitration in England & Wales Limits of court assistance under sections 43–44 Arbitration Act 1996 In VXJ v FY [2025] EWHC 2394 (Comm), the Commercial Court declined VXJ’s application for assistance under sections 43 and 44 of the Arbitration Act 1996 (AA 1996). VXJ sought orders compelling non-party shareholders to produce corruption investigation materials, US litigation papers and technical reports for use in a London-seated UNCITRAL arbitration. The court found the requests overly broad, engaging serious privilege and confidentiality concerns, and imposing disproportionate burdens given the scale of the archives. It underscored that a section 43 witness summons must pinpoint the documents sought and show they are necessary, whereas section...

UT overturns case management directions relating to witness evidence (L Rowland & Co (Retail) Ltd v HMRC) L Rowland & Co (Retail) Ltd v HMRC [2026] UKUT 130 (TCC) The substantive appeal centres on whether roughly 1,400 locum pharmacists engaged by the taxpayer were self-employed or employees for PAYE and NICs purposes, with the taxpayer maintaining that the locums were self-employed and HMRC asserting that they were employees. The taxpayer refused HMRC access to the locums as witnesses and indicated it would seek judicial review of any approach made to them by HMRC. In case management, the FTT issued directions requiring the identification of ten further locums as witnesses of fact whose evidence could be relied upon at the substantive hearing, as the taxpayer had produced only two locum witness statements. If the taxpayer chose not to call these witnesses voluntarily, the directions envisaged their attendance being secured by witness summonses issued on the FTT’s own initiative. Once this additional witness evidence was available, HMRC was directed to provide...

In this issue: Key DR developments Claims and remedies Cross-border disputes Litigation Evidence and disclosure ADR New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Brexit Assimilated EU Law Parliamentary Report The Department for Business and Trade (DBT) has released the Assimilated EU Law Parliamentary Report covering January to June 2024. It sets out the government’s progress in repealing and reshaping assimilated law and outlines forthcoming revocations and reforms. For further detail, see: LNB News 24/07/2024 31—DBT publishes Assimilated EU Law Parliamentary Report... Court guidance Equal Treatment Bench Book 2024 edition The Courts and Tribunal Judiciary has issued the updated 2024 Equal Treatment Bench Book. All chapters have been refreshed to reflect legislative and case law developments, with outdated studies and newspaper references removed, and new statistics from reliable sources added. This marks the first significant revision in three years. The volume...

Civil justice reform Consult our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for up-to-date guidance on how the Scottish civil courts manage remote hearings and the electronic signing, sending, transmission and lodging of documents. The Practice Note supplies pragmatic and procedural direction for commercial actions raised in the Court of Session. It also addresses the current rules and practice applicable to such proceedings, including virtual hearings and electronic processes today. For details on: substantive and procedural points to weigh before starting a civil claim in the Scottish courts, including the Court of Session’s jurisdiction, see Practice Note: Starting a civil claim in Scotland the Court of Session’s function, composition and the binding force of its judgements, see Practice Note: Civil court structure in Scotland Key: commercial clerks inbox—commercial@scotcourts.gov.uk commercial section inbox—gcs@scotcourts.gov.uk RCS—Rules of the Court of Session 1994 What is a commercial action? RCS, Rule 47.1(2)...

This Practice Note explains how third-party material can be identified and obtained. It addresses investigators’ obligations under the Criminal Procedure and Investigations Act 1996 (CPIA 1996) and its Code of Practice to pursue all reasonable lines of enquiry, together with the disclosure responsibilities of Crown servants. It sets out how to seek disclosure directly from a third party and how to apply for a witness summons requiring production of material under the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909. The CPIA 1996 governs the prosecution’s disclosure in criminal proceedings, imposing primary, secondary and continuing duties in relation to material that could reasonably be considered to weaken the prosecution case or assist the accused. A parallel duty also exists at common law. For further detail, see Practice Note: Obtaining disclosure of unused evidence. Third party material refers to material held by a person, organisation or government department other than the investigator or prosecutor, whether within or outside the UK. Such third parties are not directly involved in the case...

This Practice Note highlights challenges that can arise with certain witnesses, such as whether any payments may properly be made to them, and how to manage a witness who does not speak English. It also considers taking depositions for witnesses who are absent, and the use of witness summaries. This Practice Note does not deal with vulnerable witnesses—for additional guidance, see Practice Note: Planning, interviewing and choosing witnesses—Vulnerable witnesses. Nor does it cover the requirements for preparing trial witness statements in the Business and Property Courts, which are governed by CPR PD 57AD; see also Practice Note: Trial witness statements in the Business and Property Courts under CPR PD 57AC. How do I handle an unco-operative witness? You may encounter a potential witness who is reluctant to give evidence. There could be many reasons; it is often prudent to explore why and whether you can allay their concerns. Short of abandoning that witness or persuading them to assist, the choice is between a witness summons and...

1 Introduction The Company recognises that any employee called for jury service has a legal obligation to serve, and the Company, as the employer, is legally required to permit time off for this. You are expected to co-operate with the Company to ensure that undertaking jury service does not detrimentally affect the Company, its business, or its staff. This policy also applies to other circumstances where your presence at court is required. 2 Jury service Upon receiving a summons for jury service you must: inform the Company as soon as the summons is received; notify the Company of: the date you are required to attend; where known, the expected duration of the jury service; and the court at which you are required to report; provide a copy of: ...