Affidavits and witness statements supporting interim applications


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Practice notes

Affidavits and witness statements supporting interim applications


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
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This Practice Note provides guidance on evidence used in support of interim applications, whether an affidavit or, more typically, a witness statement. It explains when to use an affidavit as opposed to a witness statement, such as where sworn evidence is required by the court because of the nature of the application. It considers the technical requirements as well as how courts will resolve conflicts in affidavit or witness statement evidence.

The contents of evidence supporting applications

Reports and other documents that are to be relied on in support of or in resistance to an application are required to be put in evidence as part of a witness statement or affidavit; usually by exhibiting them. In Brake v Guy, the practice of attaching a report to a skeleton argument or other written submission was criticised by the judge, as well as the suggestion that the party doing so should be allowed a further opportunity to prepare a witness statement if the court did not accept the report via the skeleton argument

Where a witness

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