".... the judge openly criticised a number of Energy Solutions’ witnesses for being too ready to follow a 'pre-ordained script'."
That said, it is worth bearing in mind that the effects of witness preparation can backfire, as illustrated in the recent case of Energy Solutions EU Ltd v Nuclear Decommissioning Authority [2016] EWHC 1988 (TCC). In that case, the judge openly criticised a number of Energy Solutions’ witnesses for being too ready to follow a “pre-ordained script” of embarking on a prepared exposition of their side’s case, and for avoiding giving clear answers to sensible questions on cross-examination. Although the judge stopped short of blaming witness training for cultivating a particular style of giving evidence (which he deemed unhelpful and counter-productive), the potential downsides of witness preparation should not go unnoticed. As with all things, there are benefits to witness preparation, provided that parties have a clear idea of where to start and, perhaps more importantly, where to stop.
This article first appeared on Practical Law Arbitration Blog.
About the Author
Jue Jun is a Solicitor Advocate and a senior associate at BLP’s Litigation and Dispute Resolution Group in London.
Jue Jun specialises in complex, cross-border commercial dispute resolution, with a particular focus on international arbitration. She regularly acts in international commercial arbitrations administered under the rules of major arbitral institutions including the London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC), Hong Kong International Arbitration Center (HKIAC), Singapore International Arbitration Centre (SIAC), and the London Maritime Arbitrators Association (LMAA), as well as in ad hoc arbitration proceedings under the rules of the United Nations Commission on International Trade Law (UNCITRAL). Jue Jun has advised clients from sectors as diverse as energy, mining, telecommunications, trade, construction, private equity and financial services.