Multiple Witness Statements - Do NOT replicate
- ATLO

- May 15, 2025
- 2 min read
Updated: Oct 4, 2025

How do you prepare witness statements for different individuals who would be testifying on the same events? . As you can imagine, there would be a great deal of overlap in their evidence.
Should you prepare identical witness statements? After all, these individuals attended the same meeting/event and likely witnessed the same thing. What could be so wrong with having them give the same identical answer?
Well, if you do that, your trial won’t go too well. This is because no 2 people would recollect an event in the same identical way. While there may be similarities, it is simply illogical for their recollection to be identical. If presented in that manner, courts are more likely to question the credibility of those witnesses.
Somewhat coincidentally, the English Chancery Division came to a similar observation in Skykomish Ltd v Gerald Eve LLP:
“[13] It is not limited to that, however. It is not simply that the structure or flow of the points is the same; so, too, is the grammar, syntax and lexicon and both men made the same mistakes. I was put in mind of a thought experiment used in studies of randomness and probability, which has passed into popular culture, called the infinite monkeys theorem: if an infinite number of monkeys were to type randomly on keyboards for an infinite amount of time, would they ultimately produce the complete works of Shakespeare? …
[14] … It is not surprising to see some overlap, certainly in the structure of their evidence. As I say, however, even allowing for that, the probability of overlap on this scale being entirely fortuitous seems to me much closer to near zero probability that is at the heat death of the Universe end of the spectrum than it does to exceeding the 50% that represents a probable reason for the similarity in drafting between the two statements.
[20] The end result is that parts, possibly significant parts, of the statements of two of the critical witnesses in this case, Mr Tellwright and Mr Taylor, are not their own unaided recollection, are not in their own words and so are exposed to all the risks of contamination identified in PD 57AC and the line of cases running from Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013] EWHC 3560 (Comm). I had significant doubts about the robustness of their evidence.”
In the upshot, word of caution is this - draft each witness statements individually. Resist the temptation to cut and paste identical answers. Otherwise you may just end up undermining or “contaminating” the evidence led at trial.
See grounds of judgment here:




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