Too many witness statements “in breach of proper professional standards”

Sir Andrew McFarlane has released memorandums this week warning family law practitioners over the preparation of witness statements and drafting orders.

The president of the Family Division said too many witness statements have been prepared ‘in breach of proper professional standards.’ He went on to describe how too many statements were quoting from documents, seeking to argue the case and take the court through documentation, as well as expressing opinion and narrative.

Instead, he said, the fundamental requirement of a witness statement is to tell the parties and the court what evidence a party intends to rely on at a final hearing.

He also warned that drafting orders have become a ‘highly adversarial and confrontational process’ resulting in unnecessary delays to agreed drafts, adding the ‘first and most basic rule’ is that where the order follows a hearing, its terms must reflect the result of the hearing, ‘no more, no less’ said Sir Andrew. There should be no inclusion of views that did not form part of the decision.

‘This is a surprisingly prevalent practice and gives rise to much controversy. It is a practice that must cease,’

Added Sir Andrew.

He went on to say that intervention in the form of a practice direction could be considered if practitioners did not heed the warnings.