A witness statement is a written document detailing a person’s evidence in their own words, and is used when a party’s legal argument relies on factual evidence that cannot be provided via documents. They are commonly used in trials and hearings, interim applications where urgent relief is sought, and company disputes involving shareholders and directors. Where knowledge, intention, and credibility of facts are disputed and uncertain, witness statements are crucial to assist the court in making a decision.
In civil litigation, a witness statement typically serves as their evidence in chief, functioning as the primary way parties present facts to support their claims. The witness statement, presented prior to evidence cross-examination between parties, establishes the case’s background and permits the court to examine various incidents, in order to determine a judgment.
Drafting a witness statement
There must not be any personal opinions about irrelevant issues contained in the witness statement. Report what the witness saw or were told about the current issue, without adding their thoughts on its meaning.
Witness statements should only contain evidence that the witness can give orally, so anything that is not of their direct knowledge, commenting on the contents of case bundle documents, or making submissions to the court are all prohibited. The evidence given must not be adopted from others’ and must be what the witness saw, heard, or knew of themselves. The evidence should also support the pleadings of the case; if the evidence departs from the statements of the case, then the statements should be amended so that they are consistent with each other.
The witness statement should be easy to understand, so the witness should stick to everyday language and avoid legal jargon they wouldn’t normally use. Careful phrasing should also be used for evidence that may not be completely credible, such as “I recall…” or “to the best of my knowledge…”. This is to prevent the entire witness statement from losing credibility because of unsupported claims. To preserve the witness’s credibility and integrity in court, it is advisable to rectify any gaps or inconsistencies found in accounts and documents.
At Nath Solicitors we provide legal expert advice on disputes. If you need assistance, please call us on 0203 983 8278 or email us at enquiries@nathsolicitors.co.uk.