Witness Statements

Preparing a witness statement is an essential part of any civil action in the UK. A witness statement is a written document that sets out the evidence that a witness will give at trial. It is an important piece of evidence that the court will use to make a decision in the case.

Here, the Association of British Investigators considers some steps to help you prepare a witness statement in a UK civil action.

1.????Read the court rules:

Before you start preparing your witness statement, it’s important to familiarize yourself with the rules of the court where the case will be heard. The rules will set out the format and content requirements for witness statements.

2.????Gather the facts:

You should gather all the relevant facts before you start writing your witness statement. This may involve reviewing documents, speaking to other witnesses, and refreshing your memory of events.

3.????Write an outline:

Once you have gathered all the relevant facts, you should write an outline of your witness statement. This will help you to organise your thoughts and ensure that you cover all the key points.

4.????Start writing:

When you start writing your witness statement, you should begin by introducing yourself and explaining your connection to the case. You should then set out the facts of the case as you remember them. Be clear and concise, and avoid speculation or conjecture.

5.????Be objective:

It’s important to be objective when writing your witness statement. Stick to the facts and avoid expressing your opinion or making assumptions.

6.????Be truthful:

Your witness statement must be truthful. If you are found to have lied in your statement, you could be subject to criminal charges for perjury.

7.????Be clear and concise:

Your witness statement should be clear and concise. Avoid using technical jargon or legal terms that you don’t understand.

8.????Use headings and subheadings:

To make your witness statement easier to read, consider using headings and subheadings to organise your evidence.

9.????Include supporting evidence:

You should include any supporting evidence that you have to back up your version of events. This may include documents, photographs, or other physical evidence.

10.?Seek legal advice:

If you are unsure about any aspect of preparing your witness statement, it’s a good idea to seek legal advice. A solicitor or barrister can help you to understand the court rules and ensure that your statement is well-prepared. Members of the ABI have the benefit of a free legal helpline.

11.?Review and revise:

Once you have written your witness statement, it’s a good idea to review it and make any necessary revisions. You should also have someone else read it to check for clarity and accuracy.

12.?Sign the statement:

Once you have completed your witness statement, you should sign it and date it. You should also include a statement of truth, which confirms that the contents of the witness statement are true to the best of your knowledge and belief.

13.?Disclosure of the statement:

The party on whose behalf the ABI professional investigator has prepared the statement will serve a copy on all other parties in the legal proceedings in accordance with the court rules, which will set out the timeframes for service.

14.?Attend the trial:

If your witness statement is accepted by the court, you may be required to attend the trial and give evidence in person. You should prepare for this by reviewing your witness statement and refreshing your memory of the events in question.

In summary, preparing a witness statement in a UK civil action requires careful attention to detail and adherence to the court rules. By following these steps, you can ensure that your witness statement is well-prepared, presents your evidence in a clear and concise manner, and meets the requirements of the court.

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