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The CPR practice direction also expressly permits a party to "give in his statement of
case the name of any witness he proposes to call."
This does not appear to be a
necessary or desirable rule.
Since witness statements are exchanged in due course,
naming intended witnesses in the pleadings does not appear to further any of the
beneficial functions of pleadings. It is preferable to avoid any blurring of the
distinction between the facts material to the case (which must be pleaded) and the
evidence intended to be adduced to establish such facts (which should not). Naming a
witness may also well involve the front-loading of costs since many will consider it
necessary first to obtain a witness statement before putting forward someone as an
intended witness.
Notes
The Bar Association expressed a like view.
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