Witness statements: Gilding the lily in 2020

“Witness statements have ceased to be the authentic account of the lay witness; instead they have become an elaborate, costly branch of legal drafting.” These were the words of Lord Woolf in his final report on Access to Justice in July 1996. Lord Woolf proposed an elegant solution to the problems he perceived: if the courts allowed a reasonable degree of amplification of witness statements at trial, then lawyers would be less concerned about drafting absolutely comprehensive statements. The parties would lay their cards on the table and the excessive effort devoted to gilding the lily would be reined in. Regrettably, the proposal has not had the desired effect.