HHJ Gore QC, Liverpool CC, 8th July 2011
Under the 2010 Portal Protocol, there was no provision for witness statements. However, the court found that there was nothing preventing a party from producing and relying on a witness statement; the list of items which should be disclosed within Stage 2 of the Portal was not exclusive.
Click here for a copy of the judgment.
Please note under the new 2013 protocol, witness statements are specifically allowed.