(1) an application under Part VII of the Financial Service and Markets Act 2000 for an order sanctioning an insurance business transfer scheme, a banking business transfer scheme, a reclaim fund business transfer scheme or a ring-fencing transfer scheme (Rule 32.4(2) requires the court to order service of witness statements for use at trials rules 8.5 and 8.6 provide for the service and use of written witness evidence in proceedings under Part 8.)ġ.3 This Practice Direction does not apply to the following proceedings, unless the court at any stage directs that it is to apply:
#Witness statement trial
“relevant party” means the party by or on behalf of whom the witness statement is served (and for the avoidance of doubt includes a party who is also a witness, as regards their own trial witness statement). “trial witness statement” means a witness statement that is served pursuant to an order made under rule 32.4(2), or pursuant to rule 8.5 or an order made under rule 8.6(1)(b), or that is prepared for the trial of an unfair prejudice petition or a contributory’s just and equitable winding up petition, including supplemental or reply witness statements where allowed by the court, and “trial” means a final trial hearing, whether of all issues or of only one or some particular issues, in proceedings (except as provided in paragraph 1.3 below) in any of the Business and Property Courts under CPR Part 7 or Part 8 or upon an unfair prejudice petition under section 994 of the Companies Act 2006 or a contributory’s just and equitable winding up petition under section 122(1)(g) of the Insolvency Act 1986, “relevant legal representative” means, in relation to a trial witness statement, a legal representative authorised to conduct litigation who has had responsibility for ensuring that the purpose and proper content of trial witness statements and proper practice in relation to their preparation have been explained to and understood by the witness (and “legal representative” has the meaning given in rule 2.3), “relevant court guide” means any of the court guides referred to by paragraph 1.7 of Practice Direction 57AA that is applicable to the proceedings,
(Rule 32.6 provides for evidence in proceedings other than at trial rule 32.15 provides where evidence may or must be given in the form of an affidavit.)ġ.2 In this Practice Direction (including the Appendix) – (3) the general powers of the court under rule 32.1, to control, exclude or limit factual witness evidence. (2) evidence in a witness statement other than a trial witness statement, or For the avoidance of doubt, nothing in this Practice Direction affects.
It concerns witness statements for use at trials in the Business and Property Courts and applies to new and existing proceedings, but only to trial witness statements signed on or after 6 April 2021. 1.1 This Practice Direction is made under rule 57A.3.