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Review Your SQE 1 Practice Records

Examination Timing: 00H00M01S

Emma, a claimant, needs to file and serve witness statements on the defendant, John. Emma consults her solicitor, Oliver, and instructs him to draft her witness statement using the facts given to him in their initial interview. Which of the following best describes how Oliver should proceed?

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According to the Civil Procedure Rules 1998 (CPR), a witness statement should reflect the witness's own words and account of events. While a solicitor like Oliver can assist in drafting the statement, it must be done in such a way that it remains in the claimant's, Emma's, voice and perspective. This maintains the authenticity and reliability of the statement. Option A is incorrect as solicitors can assist with drafting. Option C refers to drafting a statement of case, not a witness statement. Option D is incorrect as it might breach privilege and does not ensure the statement is in the witness's words. Option E is unnecessary if the initial interview was comprehensive. 

Key Point: Witness statements must be in the witness's own words, and solicitors can assist in drafting them, provided they maintain the witness's perspective.

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