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Cummings & Ors v The Ministry of Justice [2013] EWHC 48 (QB) - 22/01/13

Description

Application by defendant for costs incurred in consideration and preparation of struck out witness evidence disclosed by the claimants at a pre-trial review.

Held: Although frequently disregarded, the Queen's Bench Guide at para 7.10.4 concerning witness statements is clear: a witness statement should consist only of the relevant issues and should be as concise as the circumstances allow; admissible or irrelevant material should not be included (para 7.10.4(2) and (3)). As such, claimants' costs of preparation of excluded witness statements or parts of witness statements disallowed and order made for claimant to pay defendant's costs incurred in respect of that evidence. It was for the costs judge to decide whether any costs should be allowed for the time spent identifying, contacting and visiting witnesses who may, but did not, have relevant evidence to give.

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