How Not To Prepare Witness Evidence: A Cautionary Tale

In a recently published decision in Greencastle MM LLP v Payne and Ors, the High Court has struck out a large portion of a party's witness evidence for non-compliance with Practice Direction 57AC.  This decision stands as a warning to litigants and demonstrates that the Court will not shy away from exercising its powers under paragraphs 5.1 and 5.2 of the Practice Direction.

Practice Direction 57AC

Practice Direction 57AC came into force nearly a year ago on 6 April 2021, outlining strict requirements relating to witness statements prepared for a "final trial hearing" in the Business and Property Courts.  In particular, the Practice Direction prohibits such witness statements from providing a narrative for documents or commentary on other evidence in the case.  It also stipulates that witness statements must only contain matters of fact of which the witness has personal knowledge and that these facts should be explained in the witnesses own words (rather than