The new Practice Direction 57AC (Witness evidence at trial) is set to significantly alter the approach taken to witness statements in the Business and Property Courts (B&PCs) by introducing new rules to deal with “the phenomenon over-long, over-lawyered trial witness statements” (paragraph 10 of the Factual Witness Evidence in Trials before the Business & Property Courts: Implementation Report of the Witness Evidence Working Group (31 July 2020) (Implementation Report)). It will apply in the B&PCs to witness statements signed on or after 6 April 2021 in both new and existing proceedings (paragraph 1.1, PD 57AC. Note that certain types of proceedings are excluded unless the court directs otherwise: see paragraph 1.3).
In our view, the importance of the new PD 57AC extends beyond its strict scope, namely trial witness statements in the B&PCs. Its introduction forms part of a wider trend of the courts becoming increasingly critical of witness statements consisting of opinions, submissions and commentary on the documents (see for example, YJB Port Ltd v M&A Pharmachem Ltd at paragraph 57; Ceviz v Frawley at paragraph 10). It is likely that the courts will be guided by the principles contained in the new PD in all areas and in relation to, for example, witness statements served alongside an application notice. For this reason, understanding of PD 57AC is invaluable for all practitioners.
