Jurisdiction(s):
United Kingdom

Securing evidence from unco-operative ex-employees: witness statements, summonses, disclosure, hearsay and cross-border routes (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note explores concerns faced by legal advisers when seeking to secure evidence and documents from an unco-operative former employee while representing their previous employer in a dispute. It focuses on practical steps and procedural options available in such circumstances for employers and their representatives alike.

Normal practice requires a witness statement

The standard method of presenting oral testimony from a factual witness at trial is to serve a witness statement, expressing in the witness’s own language the evidence they can provide on the issues to be proved or challenged by the party intending to call them. Guidance on the purpose and preparation of such statements is set out in Practice Note: How to write a credible witness statement. Where an ex-employee declines to supply a witness statement before trial, a party may apply for the court’s permission to serve a witness summary of that individual’s anticipated evidence. The summary should convey the essence of the evidence believed the former employee can offer. If the prospective witness will not attend the hearing, the party may choose to issue a witness summons to require their attendance. This is addressed below in: Compelling evidence from an ex-employee in the jurisdiction. The...

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Web page updated on 22/05/2026

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