The new PD 57AC, relating to witness statements in trials,
recently came into force on 6 April 2021, and it introduces major
changes to the preparation of trial witness statements and
explicitly only applies to the Business and Property Courts
(‘BPC').
The reforms are not retrospective and only apply to witness
statements executed on or after 6 April 2021 and even in the BPC
arena, the Rule changes apply solely to trial witness statements
and so do not apply to affidavit evidence, evidence in a witness
statement other than a trial witness statement or the general
powers of the court under CPR 32.1 to control, exclude or limit
factual witness evidence.
Before the introduction of PD 57AC, CPR 32 covered evidence of
witnesses. The function of a witness statement is to set out in
writing the evidence in chief of the maker of the statement. It
should be confined to the facts which the witness can give
evidence. It should not be used as a tool for legal submissions
