The Claims Process: Witness Statements
In our previous article in this mini-series, we looked at alternative methods of dispute resolution.
In this article, we will be looking at witness statements. A witness statement is a formal written document used in litigation.
The purpose of a witness statement is to set out the evidence in chief of a witness. The statement will be a witnesses account of the facts that are relevant to the case, of which they have personal knowledge, that a party to the dispute intends to rely on in support of their case.
How is a witness statement prepared?
Usually, the solicitor acting for the party which has asked the witness to give evidence will contact the witness to discuss the issues on which they are able to provide factual evidence.
The solicitor will meet or have a call with the witness and using open questions ask the witness to run through their recollection of all the relevant facts and events, in order to compile a proof of evidence.
The proof of evidence will be used as a basis from which the solicitor will draft the witness statement. The statement must be the witness’s own account of the facts, in their words.
What should a witness statement contain?
The statement should include only a witness’s account of the facts of which are relevant to the case and of which they have personal knowledge.
If anything in a draft witness statement a solicitor has produced is not accurate, the witness must correct the statement.
The statement may have relevant documents exhibited to it.
Specific rules apply to witness statements in proceedings in the Business and Property Courts and in our previous article, Practice Direction 57AC: The new rules on the preparation of Trial Witness Statements in the Business and Property Courts we looked in detail at the content and preparation of witness statements in the Business and Property Courts.
Statement of Truth
Once the witness is happy with their statement, they will be asked to sign a ‘statement of truth’. This is a statement at the end of a witness statement, which states that the witness believes the facts stated in it to be true and accurate.
As the statement of truth sets out, proceedings for contempt of court may also be brought against a person who makes a false statement in a document signed by a statement of truth without an honest belief in its truth. It is therefore essential that witnesses are content with the facts stated in their witness statement.
What is the statement used for?
Witness statements are exchanged between the parties to litigation, in the run up to a Court hearing.
Witness statements are also filed with the Court, and are treat by the Court as if the evidence contained in the statement had been presented orally by the witness during the hearing. At the hearing, the witness will be present and both the Judge and the representatives for both parties will have the opportunity to ask the witness questions based upon the facts outlined in their statement.
Witness statements and the witness’ responses to any questions asked during a Court hearing will be reviewed by the Judge, together with all other evidence, in order to enable to the Judge to form a judgment.
