On 22 February 2013, Ogier published an article examining the
provisions of the Evidence in Civil Proceedings (Guernsey and
Alderney) Law, 2009 (the "Law"). A link to that
article can be found
here.
Mathew Newman, a partner in Ogier's Dispute Resolution team,
examines the practical impact of the Law and the accompanying rules
(the Evidence in Civil Proceedings (Guernsey and Alderney) Rules,
2011 (the "Rules")) and relevant Guernsey case law in the
last 3 years.
Have matters improved?
The benefits conferred by the Law and Rules have been
noticeable. As witness statements now stand as evidence in
chief, there is a much more "cards on the table" approach
with parties understanding the extent of the evidence a witness is
going to give prior to trial. This allows the issues in dispute to
be narrowed and the parties to prepare their cross examination much
more effectively, saving time and costs and enabling the parties
and the Court to get to the root of the
