The most controversial feature of the new regime for trial witness statements in the Business and Property Courts, at Practice Direction 57AC and its Appendix, is the requirement for the statement to list all documents the witness has referred to, or been referred to, for the purpose of providing the evidence set out in the statement.

Maura McIntosh has published a post on Practical Law’s Dispute Resolution blog which considers the view or assumption which seems to underpin this requirement – ie that a witness’s “cold” recollection is likely to be the most reliable – and considers a potential downside of the new requirement. Click here to read the post (or here for the Practical Law Dispute Resolution blog homepage).