Civil Proceeding – How do I Prepare a Witness Statement for a Court Hearing?

In civil proceedings, parties should be aware of a number of factors in order to ensure that witness statements are well prepared and presented in the correct format.

Witness statements are dealt under Part 32 of the Civil Procedure Rules (CPR) which are the rules that govern civil litigation in England & Wales, aiming to ensure fairness, efficiency and cost effectiveness in resolving disputes through the court system.

How Should I Format a Witness Statement in Civil Proceedings?

Every witness statement must contain certain information to make it compliant with Part 32 and its Practice Direction (PD 32). Under paragraph 25.1 PD 32, the court may disallow the use of the evidence and the costs arising from it if the witness statement has not been undertaken by the basic formalities as set out in paragraphs 17-20 PD 32. The statement should start from the beginning and continue as follows:

The top right-hand corner of the witness statement must include six points, and these are usually numbered for ease:

1. The party on whose behalf the statement is made.
2. The initials and surname of the actual witness.
3. The number of the statement for that particular witness in the litigation (i.e. is it the first, second, etc. statement?).
4. The initials of the witness and the number of exhibits attached to the statement.
5. The date on which the statement was made.
6. The date of any translation (if appropriate).

The statement must be headed with the title of the action. This can be obtained from an endorsed claim form or the particulars of claim. The heading stays the same even if, for example, it is the defendant who makes the interim application.

The statement should be set out in heading form, usually in bold the full name of the witness. This is helpful to the parties to the action and the court when sifting through large numbers of statements as it makes it easily identifiable.

The maker of the statement must then set out their name (again), address, occupation and whether they are a party to the proceedings or employed by a party to the proceedings.

The maker of the statement must also set out the process by which it was prepared, for example, face-to-face, over the telephone and/or through an interpreter.

Numbered paragraphs must also be used throughout, and the statement will be in the first person.

A standard introductory paragraph must be used for all witness statements for trial and include the following.

1. Who the maker of the statement is in relation to the claimant or defendant if not a party to the action.
2. That the witness, if not a party to the action, has authority to make the statement on behalf of that party. Remember if a party is a limited company, it will always need a representative to speak for it and so “the authority point” will need to be dealt with.
3. That the witness must declare that the information they will give in the statement is either from their own knowledge and consists of matters of information or belief, or from the source stated (and then when appropriate to say in the statement the source of a particular facts, that is, “I am informed by xxx that……….”).

A statement of truth must conclude the witness statement as required by Part 22: “I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

R32.14 establishes that verifying a witness statement containing a false statement without an honest belief in its truth is a serious matter with potentially severe consequences, including contempt of court and possible criminal prosecution punishable by imprisonment.

How can Pinney Talfourd help?

Our Commercial Litigation Team regularly acts for individuals and corporate clients who require witness statements as evidence as required by the court. We can assist by:

• Meeting with you to discuss your witness statement and its contents.
• Producing and finalising your witness statement with your approval.
• Submitting your witness statement along with any other relevant documentation on your behalf to the court.

It is important to remember that even with the assistance of a lawyer, it is still your statement, and you should always ensure that the facts that you provide are true.

If you require assistance with commercial proceedings whereby witness statements are required, please contact Nick Hatchett or Emma Hardie on 01277 211 755.