By rule 81.4(1), unless and to the extent that the court directs otherwise every contempt application must be supported by written evidence given by affidavit or affirmation.). It was argued on behalf of Mr Correia that the statement was not inadmissible or, if it was, the Court should adopt one of a number of alternative suggestions to enable the Claimant to remedy the position (e.g. translating the English witness statement into Portuguese and asking Mr Correia to sign it; adjourning to enable a new statement to be taken; or allowing Mr Correia to give oral evidence in chief viva voce from the witness box). It was also argued that the Court retained a power in PD32 paragraph 25.2, to enable the statement to be used notwithstanding its defective preparation, and the Court should so permit. N209A Notice by court to claimant of issue and service of a low value personal injury claim in a road traffic accident claim During evidence in chief given otherwise than by witness statement, the witness’s memory may be refreshed by being shown a document, but only if the witness created or saw the document while the facts evidenced by or referred to in the document were still fresh in their mind, so that they would have known if they were accurate or inaccurate. 3. Practice the defendant may serve evidence in advance of committal proceedings but may, until the last moment, choose not to deploy it. Until the evidence is deployed, it is inadmissible ( Templeton Insurance v Motorcare Warranties [2012] EWHC 795 (Comm)).

be completed and signed by the person before whom the affidavit was sworn whose name and qualification must be printed beneath his signature, N205A Notice by court to claimant of issue and service of Part 7 claim form (specified amount of money) PF 21CH Notice to Creditor of Disallowance of claim in whole or in part (Part 40A PD40A paragraph 12) relevant court guide” means any of the court guides referred to by paragraph 1.7 of Practice Direction 57AA that is applicable to the proceedings,

On 6 April 2021, a new Practice Direction 57AC ("PD57AC") was introduced to clarify the rules on the preparation of trial witness statements for use in the Business and Property Courts.

Pre-action; Case management; Admiralty Court Forms; Commercial Court forms; Circuit Commercial Courts Forms; Technology and Construction Court forms PF 15CH List of claims sent in by persons claiming to be Creditors following advertisement (Exhibit A referred to in affidavit/witness statement in Form 14) With effect from 01 October 2020, Part 81 of the Civil Procedure Rules changed, committal proceedings were out (revoked, not replaced), and contempt proceedings were in. But what practical effect has this had on proceedings?

An affidavit which contains an alteration that has not been initialled may be filed or used in evidence only with the permission of the court. the evidence as to such matters that the witness would be asked by the relevant party to give, and the witness would be allowed to give, in evidence in chief if they were called to give oral evidence at trial and rule 32.5(2) did not apply.proceedings in the Intellectual Property Enterprise Court falling within Section V of Practice Direction 63; N33 Return of goods (simple hire agreement) Judgment for delivery of goods let under Hire Agreement Evidence at a hearing other than the trial should normally be given by witness statement 1 (see paragraph 17 onwards). However a witness may give evidence by affidavit if he wishes to do so 2 (and see paragraph 1.4 below). Where a witness is called to give evidence at trial, he may be cross-examined on his witness statement whether or not the statement or any part of it was referred to during the witness’s evidence in chief (GL). PF 170A Application for approval of settlement or compromise for a child or protected party in personal injury or Fatal Accidents Act claim before proceedings are begun (rule 21.10(2) and PD21 paras. 5 and 7)

It is important to note that CPR 81.1(2) states “ This Part does not alter the scope and extent of the jurisdiction of courts determining contempt proceedings, whether inherent, statutory or at common law” and CPR 81.1(3) states “ This Part has effect subject to and to the extent that it is consistent with the substantive law of contempt of court”. The courts are, therefore, not prevented from looking at old authorities. rule 32.5(2) did not apply (so the witness statement would not stand as the evidence in chief of the witness), and Trial witness statements are important in informing the parties and the court of the evidence a party intends to rely on at trial. Their use promotes the overriding objective by helping the court to deal with cases justly, efficiently and at proportionate cost, including by helping to put parties on an equal footing, saving time at trial and promoting settlement in advance of trial. b) if the evidence is not known, the matters about which the party serving the witness summary proposes to question the witness.

PRACTICE DIRECTION 4 – COURT FORMS

Except as provided by this rule, a witness statement may be used only for the purpose of the proceedings in which it is served. Rule 32.12 makes provision about the use of affidavits for purposes other than the proceedings in which they are served.)