The family court's use of Witness Statements under scrutiny
There has been criticism over the use of witness statements in the family court. The President of the Family Division, Sir Andrew McFarlane, has set out a memorandum outlining the use and preparation of witness statements. He noted that ‘too many are prepared in breach of proper professional standards.’
A witness statement may only:
- Set out matters of fact and matters of information and belief.
- Matters of fact include past facts (i.e. events which have happened) and future facts (i.e. events which are expected to happen). A statement may state only those matters of fact of which the witness has personal knowledge and which are relevant to the case