A witness statement is often one of the most important pieces of evidence in a case. It is verified by a Statement of Truth, which reads:

"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." (Civil Procedure Rules - Practice Direction 22, paragraph 2.2) CPR Practice Direction 22 - Statements of Truth

By signing a Statement of Truth, the witness is confirming that the contents are true to the best of their knowledge and belief. It is therefore essential that the witness is able to read the document and understand what it says before they sign it.

This issue was considered in the case of Correia v Williams (2022), where the Claimant was Portuguese, but the witness statement had been prepared in English. The Court found that the statement had not been prepared in accordance with the Civil Procedure Rules and Practice Directions relating to evidence from witnesses who are not fluent in English.  As a result, the Court refused to allow reliance on the statement.  The Correia v Williams case serves as a reminder that witness statements must be prepared in a language that the witness fully understands. 

Where a witness is not fluent in English, obtaining a statement in their native language and arranging for professional translation services may incur additional costs, but it is a worthwhile cost to ensure the evidence can be relied upon and does not give rise to challenges.