Extending time for service of Witness Statements – The court’s approach

As a claimant to a litigated matter it is of utmost importance that you appreciate the part you have to play in your case. Whilst solicitors are invaluable in providing you with guidance and progressing your case in an efficient and effective manner, you too must undertake an important and pro-active role and act in the best interests of your case.

The court will not merely decide the case on the facts before it but will take into consideration your version of events. For this reason, your solicitor will prepare with you what is known as a witness statement. A witness statement allows you to tell the court the circumstances surrounding your claim. You will then be asked to sign a ‘statement of truth’ at the end of your witness statement. By signing this you are confirming to the court that your witness statement reflects an honest belief of your version of the events.

During litigation it is not uncommon for both parties to litigation to find themselves in a position where it is necessary to extend the dates of some directions given to the parties in a court order. In some cases it is possible for this to be done by way of a written agreement between the parties. This is allowed by Civil Procedure Rule (CPR) 2.11. However, it should be emphasised that CPR 2.11 does not extend time for witness statements by written agreements between parties.

MA Lloyds & Sons Ltd v. PPC International Ltd

The recent case of MA Lloyds & Sons Ltd v. PPC International Ltd [2014] EWHC 41 (QB) highlights the stance that the court is taking in relation to the extension of time for witness statements to be served and filed. In this case, notwithstanding that both parties had sought to agree an extension of time for filing witness statements, the judgment of Mr. Justice Turner is clear: the approval of the Court is needed. Thus it is clear, a court order must be obtained to allow parties to extend time for witness statements to be served and filed.

It is important to your case that your witness statement includes all relevant facts and supportive documents to present your case in a way that is truthful and favorable to you. It is likely that your solicitor will request evidential documents from you during the course of preparing your witness statement and it is important that these documents are provided in a prompt fashion. This will assist in avoiding any need to extend time to serve and file your witness statement given that the recent case of MA Lloyds & Sons is clear in that the extension of time for service of witness statements agreed between the parties is not effective without approval of the court.

The court is not prepared to assist a litigant who has disregard for the rules and requirements surrounding the service of witness statements. In MA Lloyd & Sons Mr Justice Turner stated ““This case provides yet another example of a litigant treating an order of the court as if compliance were an optional indulgence”. Evidently the court will not tolerate a litigant’s failure to comply with court directions.

Further considerations

The case reflects how the court is taking a strict approach as to allowing parties to file and serve witness statements other than within the specified time period. If a party wishes to extend the time in which to serve a witness statement the procedure in Practice Direction 29.6.5(1) (a) and (B) should be followed. This provides that:

• The party must apply for an order by consent
• The party must file a draft of the order sought and agreed to include a statement as to why the variation is sought.

At Redress Law we have a breadth of experience in litigated matters and deal with a myriad of matters including professional negligence, mortgage mis-sale, contract disputes, commercial disputes and many more. We ensure that court directions are complied with and cases are progressed in an appropriate manner. We appreciate the importance of acting in the best interests of our client’s and ensure our client’s are fully aware of their ongoing obligations to the court and provide expert support and guidance to our client’s to ensure their case is dealt with both efficiently and effectively