The introduction of practice direction 57AC (PD57AC) from 6 April 2021 has been the subject of much discussion amongst litigators.

The new obligations on legal representatives (note the term) to certify that relevant trial witness statements have been discussed and prepared in accordance with PD57AC are novel and present a number of interesting issues from a regulatory perspective.

For those not in the know, PD57AC requires witness statements signed on or after 6 April, for use at trial in affected cases in the business and property courts, to be prepared in accordance with express requirements and to carry declarations from both witness and legal representative as to compliance.

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