The production of witness statements by lawyers and litigants in person

This project will investigate how witness statements are created by lawyers and by litigants in person.

Witness statements, prepared in advance of a trial, are the evidential foundations of most dispute resolution hearings. The ability to produce them in compliance with the legal rules is fundamental to any party seeking access to justice in the civil courts and tribunals. Witness statements have a direct bearing on litigation costs, efficiency of the courts, and the quality of decision-making. Pre-trial costs are wasted if statement-taking and -making is poorly conducted, and dispute resolutions and court hearings will be less efficient. Incomplete or inaccurate witness statements are also unlikely to lead to fair outcomes. However, preparation of witness statements in civil cases is an almost entirely overlooked area of research. This study will consider the preparation of witness statements for the Employment Tribunal and make recommendations to support access to justice and the administration of justice.

The first phase of the study will review policy (law, procedure, guidance, practical toolkits, and enabling technology) and published research on the preparation of witness statements across all areas of law. In the second phase, the researchers will conduct up to 75 interviews with employment lawyers, litigants in person, Employment Tribunal panel members and other stakeholders to explore methods of preparation of statements and their perceived quality. In the final phase, the researchers will use these findings to identify practices which enhance or detract from the production of the best quality witness statements.

The findings from this study will form the basis for recommendations to enhance the quality of witness statements, access to justice for litigants in person, and cost-effective and efficient administration of justice.