CPR PD 57AC in the Business and Property Courts: case law on preparing trial witness statements, compliance, sanctions and best practice (England and Wales)

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Practice notes

An altered process for preparing trial witness statements

From April 2021, those conducting claims in the Business and Property Courts must follow CPR PD 57AC when drafting trial witness statements. Arising from the judge‑led Witness Evidence Working Group’s report, the practice direction brought in a revised approach to preparing such statements. Its principal purpose was to curb statements being crafted by lawyers in language chosen to optimise how a client’s case is presented, rather than reflecting the witness’s own words. The judicial view was that, if statements more closely conveyed a witness’s personal recollection of events they observed, the court would receive more dependable evidence at trial. A further objective was to trim excessive length. Statements too often strayed from setting out a witness’s evidence and drifted into background narrative about the claim, ultimately slipping into inappropriate advocacy placed in a witness’s mouth. Inevitably, the revised regime has changed how any trial witness statement within the scheme is put together. The shifts are substantial...

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Web page updated on 21/05/2026

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