Y0UR OPPONENT’S WITNESS STATEMENT CANNOT BE DISCLOSED UNTIL AFTER IT IS USED AT TRIAL: A USEFUL REMINDER

February 26, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Disclosure, Witness statements · Leave a comment

The judgment of Mr Justice Warby in Barry -v- Butler [2015] EWHC 447 (QB) contains some important reminders about witness statements. The witness statements received from an opposing party cannot be disclosed generally until they are used at trial. Further this is a rule of general application. As the case shows this principle applies to documents disclosed in the course of litigation.
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