Requests for Further information, Witness Statements and Experts
Request for further information- This is used when a statement of case is unclear
Examples of statement of case include Particulars of Claim or Defence
CPR 18.1- the Court may order a party to (a) clarify any disputed matter in the proceedings and (b) give additional information in relation to any such matter, other contained or referred to in statement of case or not
CPR 31.14 and 15 - the Court may order a party to disclose documents referred to in a statement of case, witness statements or affidavits
PD 18 para 1.1- before applying to the court, first serve on the other party a written request for clarification or information **
The request must**
be headed with the name of the court and the title and number of the claim
In its heading state that it is a request made under Part 18, identify the first party and the second party and state the date on which it is made
set out in a separate numbered paragraph each request for information or clarification
Where a request relates to a document, identify the document and the paragraph or words to which it relates
PD 18 para 3 - the response should be verified by a statement of truth **
Witness statements
Solicitors will agree a date for exchange and the means (e.g post/DX) and then post or DX the documents on the agreed date
Process known as simultaneous mutual exchange
Should address only the the facts relevant to these disputed issues
Exclude
All opinion evidence- except which falls within ordinary experience
Evidence about any settlement negotiations or Part 36 offers
Evidence that is privileged
All evidence irrelevant to the disputed issues
Statement of truth must be signed by the witness- PD 22 para 3.2 **
Hearsay evidence is admissible in civil cases under Civil Evidence Act 1995 but s4(2) provides that weight to be attached to hearsay will vary depending on whether
The statement was made contemporeously
Multiple hearsay is involved
Anyone had motive to conceal or misrepresent any better
Anyone had motive to conceal or made in collaboration with, another person for some particular purpose
All the circumstances suggest any attempt to prevent proper evaluation of the statement
Its reasonable and practicable for maker of statement to give oral evidence
Experts
the court will direct wither the use of a single joint expert or a separate expet for each party
You cannot get another expert if yours is unfavourable - the court will require you to waive privileged over your original report as a condition of granting you permission to adduce evidence from a different expert -
This prevents "expert shopping"
Duty to the court
CPR 35.3 - duty of the court to help on matters with their expertise **
this overrides any obligation to the person for whom experts have received instruction or by whom they are paid
PD 35 3.3 - an experts report must be verified by a statement of truth in the following form **