Civil Litigation Brief – GET YOUR WITNESS TO CHECK THEIR STATEMENT CAREFULLY: OR ELSE

GET YOUR WITNESS TO CHECK THEIR STATEMENT CAREFULLY: OR ELSE – by gexall

Many earlier posts have concentrated upon the need for care and accuracy in the drafting of witness statements. A classic example of the problems that can occur is shown in the judgment of Mr Justice Warby in David Halberstam -v- Sterm [2015] EWHC 179 (QB).

THE CASE

The claimants were seeking a declaration that certain goods taken under a warrant of possession belonged to them. The defendant denied this and the goods had been taken under a write of delivery.  The defendant filed evidence in reply. This is when the problems started.

KEY POINTS

  • A few missing words in a witness statement led to an argument that there was an offer of settlement which the defendant accepted.
  • It is essential that witnesses check their witness statements carefully prior to service.

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