A solicitor is preparing a witness statement for trial in a breach of contract claim. The witness is a former employee of the claimant who left the company two years ago. The statement includes: (1) the witness's recollection of events during their employment; (2) the witness's opinion that the defendant 'clearly intended to breach the agreement'; (3) a paragraph stating 'I was told by my manager that the defendant had said they would not perform'; and (4) the witness's signature and a statement of truth. The statement runs to 15 pages and includes extensive commentary on the defendant's business practices unrelated to the contract dispute. Which of the following best describes the primary deficiency in this witness statement?
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AThe statement of truth is invalid because the witness left the claimant's employment before the dispute arose.
BThe witness lacks standing to give evidence because they are no longer employed by the claimant company.
CThe statement is too lengthy and should be limited to no more than ten pages under CPR requirements.
DThe statement contains inadmissible hearsay and argumentative opinion that should be excluded.
✓ Correct answer: D. The statement contains inadmissible hearsay and argumentative opinion that should be excluded.The statement is deficient because it includes hearsay (what the manager was told) and argumentative opinion ('clearly intended to breach'). Witness statements must be confined to matters of fact within the witness's own knowledge and should avoid argument. The statement is also prolix with irrelevant commentary. While the signature and statement of truth are present, the content deficiencies are more fundamental. The other options incorrectly focus on the witness's status, the statement's length alone, or formatting issues that are secondary to the substantive inadmissibility of hearsay and opinion evidence.
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