Using Other Party’s Witness Statement

Society of Lloyd’s v Jaffray and others (TLR 3 August QBD)

CPR rule 32.5(5) reversed the position under the former rules, which provided that where a party served a witness statement and did not call the witness to give evidence, no other party could put the evidence in at trial. Accordingly although the court has no power to order a party who has served a statement of his witness on the opposing party to order that party to call his witness to give evidence in court, the other party may put in that statement as hearsay evidence.