Understanding the Importance of Witness Statements in Legal Disputes: A Review of Recent Cases

In recent months, there has been an uptick in cases where judges have criticized both factual witnesses and experts for their testimony. This trend is a stark reminder of the significance of witness statements in legal disputes. In this article, we will delve into the importance of witness statements, examining recent cases that highlight the need for accuracy and impartiality.

In the case of YJB Port Ltd v M&A Pharmachem Ltd & Anor EWHC 42 (Ch), a manufacturing and distribution agreement between two parties came under scrutiny. The claimant, YJB, had entered into an agreement with the first defendant, M&A, to supply a medical thickening compound. However, when disputes arose, both parties' witness statements were called into question.

The Deputy Judge of the High Court, Mr Stephen Houseman QC, criticized the evidence presented by both witnesses of fact and experts. This criticism was not unique to this case, as the start of the year has seen a surge in cases where judges have expressed similar concerns.

It is essential to recognize that witness statements play a crucial role in legal disputes. These statements can be used to support or undermine claims, making them a vital component of any legal strategy. However, it is equally important for witnesses to provide accurate and unbiased testimony.

The tail end of 2020 saw the Courts hand down several decisions that provided guidance on the approach to witness statements. One key takeaway was the need for caution when relying on witness evidence to argue a party's case. This highlights the importance of ensuring that witness statements are not used as a means of advancing one's own interests, but rather as a genuine attempt to present a factual account.

In conclusion, the recent cases that have criticized witness statements serve as a reminder of the importance of accuracy and impartiality in legal disputes. As lawyers and litigants, it is essential to recognize the significance of witness statements and strive for transparency and honesty when presenting evidence. By doing so, we can ensure that the justice system operates fairly and effectively.

Witness statement