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  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.