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Witness statements in Scottish civil litigation

Witness statements in Scottish civil litigation This practice note discusses the use of witness statements for witnesses to fact in the Scottish courts with reference to relevant rules, guidance and case law and provides some practical drafting points. It does not cover expert witnesses, precognition of witnesses, affidavit formalities, intimation and lodging of lists of witnesses, taking of witness evidence at a commission, citation of witnesses for proof, oral examination and cross-examination of witnesses, assessment of witness evidence, vulnerable witnesses or witness expenses. For a style witness statement, see Precedent: Witness statement—Scottish civil proceedings. For guidance on: • issues to consider before bringing a civil claim in a Scottish court and other aspects of starting and progressing a civil claim in Scotland, see: Scottish DR: prescription and limitation—overview, Scottish DR: starting a claim—overview and Scottish DR: case management and evidence—overview respectively, which link through to more detailed guidance • other key areas of Scottish law and procedure, see our Scotland toolkit • the equivalent in England and Wales, see: Planning,...

Gafta—the arbitration process under Gafta Arbitration Rules No. 125

Gafta—the arbitration process under Gafta Arbitration Rules No. 125 This Practice Note considers the arbitration process under the Grain and Feed Trade Association (Gafta) Arbitration rules No. 125 (Gafta 125) after a party has claimed arbitration. References to ‘Rules’ in this Practice Note are to the rules of Gafta 125, effective for contracts dated from 1 March 2022, unless otherwise indicated. For information on commencing an arbitration under Gafta 125, see Practice Note: Gafta—commencing an arbitration under Gafta Arbitration Rules No. 125. For an overview of the Gafta appeals process, see Practice Note: Gafta—appeals under Gafta Arbitration Rules No.125. Exchange of submissions To commence an arbitration under Gafta 125, the claimant must serve on the respondent a notice confirming its intention to refer the dispute to arbitration within the prescribed time limit (the Notice of Intention). Once the Notice of Intention has been served, the claim will generally proceed as follows: • the claimant must draw up ‘clear and full’ submission of their case...

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Fast track standard directions—position before 1 October 2023

Fast track standard directions—position before 1 October 2023 Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST between: [insert name]        Claimant and [insert name]        Defendant _______________________________________ [ Draft ] Fast track standard directions _______________________________________ Further statements of case The [claimant OR defendant OR other party] must file a [name of statement of case] and serve a copy on the [claimant OR defendant OR other party] no later than [time and calendar date]. Requests for further information Any request for clarification or further information based on another party’s statement of case shall be served no later than [time and calendar date]. [Any such request shall be dealt with no later than [time and calendar date].] Disclosure of documents [[No disclosure of documents is required.] OR [Each party OR The...

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Is it possible to rely at trial on a witness statement that has been filed/exchanged but the witness has since died? If so, what procedural steps are required and how will the court treat such evidence?

Is it possible to rely at trial on a witness statement that has been filed/exchanged but the witness has since died? If so, what procedural steps are required and how will the court treat such evidence? The purpose of witness statements in civil proceedings is to significantly reduce the overall length of trials by avoiding the need for witnesses to give evidence in chief under questioning from their legal representative. When a witness is called to give evidence at trial, they will be asked a series of questions to the effect of being asked to confirm that the matters set out in the witness statement are true and that they wish for the witness statement to stand as their evidence. However, if a proposed witness is, or will be, unable to affirm the contents of the statement in oral evidence at trial (for whatever reason), that statement will have the status of hearsay evidence for the purposes of the proceedings. ‘Hearsay’ is a statement made otherwise than...