Key Point

Witness Statements allowed in (old 2010) Portal Protocol

Lamb v Gregory

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.

Please note under the current 2013 Protocol, witness statements are now specifically allowed.

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