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Witness Statements in the Business & Property Courts - PD57AC

Practice Direction 57AC Training

Synopsis

From 6 April 2021 there are new rules on interviewing witnesses and drafting trial statements for cases in the Business and Property Courts.

Litigators need to adopt new ways of working to make sure they don't fall foul of the sanctions. This practical course will help you to understand what you can and can't do when interviewing; what you must now include in trial witness statements; and what should be left out.

 

Outcomes

Our hugely practical course is much more than a review of the changes. Using a videoed witness interview it will help you develop the skills and find the answers you need to fully comply with Practice Direction 57AC.

As a result of attending the course, you will know:

  • how to conduct interviews that comply with PD57AC
  • what a leading question is and how to avoid using them inappropriately
  • when you can and cannot show documents to a witness
  • what to include in (and exclude from) a trial witness statement
  • whether you can sign the certificate of compliance on a witness statement

Course Content

Your firm will need to make lots of decisions on keeping records of interviews, but this course is exactly what hands-on practitioners will need. It covers:

  • Pre-reading – short case study
  • How might you influence a witness's statement?
  • Interviewing – the do's and don'ts
    • Planning – how to sequence your questions
    • Leading questions - how to avoid using them inappropriately
    • When can you show documents to a witness?
    • Keeping interview records
  • Drafting a statement
    • Content – organising, including, excluding
    • Using the witness's words
    • Basing a draft on the documents
    • Perfecting the draft
  • Challenging your opponents' witness statements
    • Spotting the problems
    • Invoking the sanctions
Practice Direction 57AC training slide
Format

Interactive online course based on a case study.  The course includes a video of an interview, small group work and polls.

Duration

2 hours

Delegates

Litigators running cases in the Business & Property Courts

Maximum 20 per course

Tutors

James Welsh

To find out more on our Practice Direction 57AC Training or how our other courses can help with your litigator training.

Please get in touch with Linda Moran on 0114 273 8300 or email Linda@KinchRobinson.com.

Client Feedback

"An excellent training session - many thanks Kinch Robinson."

Emma Marshall - Senior Associate at Browne Jacobson LLP