header-logo header-logo

Witness preparation: time to rethink?

23 June 2017 / James Holden , Thomas Wingfield
Issue: 7751 / Categories: Features , Profession
printer mail-detail
nlj_7751_holdenwingfield

Familiarisation does not breed contempt of court, but take care: the limits of permissible witness preparation are not as clear as they should be, caution James Holden & Thomas Wingfield

  • It is generally considered that witness preparation for English civil litigation cannot touch upon the facts of the actual case. In fact, the position is less than clear.

Cases can be won and lost in cross-examination. Even in claims which might not strictly turn on witness evidence, the credibility of the witnesses can colour the credibility of the whole claim. Witnesses provide the face of a corporate party and so influence the attitude of the judge or tribunal to that party. Witness testimony is important.

For the same reason, the limits of permissible witness preparation are important. In English litigation, witness coaching is prohibited. Witness familiarisation, however, is encouraged. But, where is this line drawn?

The Bar Council has maintained a useful note on what it considers permissible. In short, legitimate witness familiarisation involves putting a witness at ease with

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll