LAURENCE HOLMES

Witness statements in Civil Proceedings must:

1. Start with the name of the case and the claim number;

2. State the full name and address of the witness;

3. Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

4. End with this paragraph:  '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..' and

5. Be signed by the witness and dated.

The following shows a typical layout.

​

Witness statement

On behalf of: [Claimant/Defendant]

Witness: [Initials and surname]  

Number:          

Exhibits: [“ABC1”]     

Date:            

IN THE [________] COUNTY COURT                             CLAIM NUMBER:

BETWEEN

                                                                  [________]                                                    Claimant

And

                                                                  [________]                                                 Defendant

WITNESS STATEMENT OF ABC

ABC of [insert residential address of individual][insert business address of person making statement on behalf of firm or company] will state:

1.         [I am a [insert occupation or, if none, description] and the claimant in these proceedings][I am a director of the claimant company and am authorised to make this statement on its behalf].

2.         Except where I have indicated otherwise the statements made in this statement are from my own knowledge. Where statements made are matters of information or belief I have stated the source for any such matters of information or belief.

3.         I refer to the bundle of documents marked “ABC1” (“the exhibit”).

4.        etc.

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.

Signed ________________

Dated ________________

The form of the statement of truth verifying a witness statement should be as follows (and provided in the language of the witness statement):

‘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.’

Include a section at the start dealing with the purpose of the statement as well as the circumstances in which it was drafted might be useful approach.  For example: “This witness statement was drafted by my solicitor following a face to face meeting, e mail correspondence and telephone discussions.  I understand that the purpose of this statement is to set out the evidence of fact which I will give at the trial and that I am responsible for its contents.”