Witness Statements In A Foreign Language

A statement of truth contained within a witness statement must be signed by the witness (paragraph 3.2, PD 22). But what of a witness who does not understand English?

The Civil Procedure Rules and case law provide some guidance, however there is currently no definitive answer.

Insisting on a strict approach provides certainty in litigation and can result in claims being struck out if opponents fail to comply. Courts will not make the 'correct' order of their own volition, and a pro-active approach is usually required.

Two Approaches

When a witness cannot understand (or read, or speak) English he can:

Have the statement of truth verified by an "authorised person" (Practice Direction 22) Have the witness statement translated from the witness' first language into English (Practice Direction 32) Practice Direction 22

Paragraph 3A.1 states:

"Where a document containing a statement of truth is to be signed by a person who is unable to read or sign the document, it must contain a certificate made by an authorised person"

An 'authorised person' is a person who is authorised to administer oaths and take affidavits, for example a solicitor or barrister. The authorised person may read the English language version of the witness statement to the witness and ensure his or her understanding. The witness may then sign the statement of truth. But how does the solicitor ensure that the witness can understand the document? Either:

The solicitor is able to speak the witness' first language, or An interpreter is used as an intermediary Courts generally accept this approach if it is not challenged or addressed in advance, however an inability to "read or sign" a document in English is not the same as an inability to speak the language. It could therefore be reserved for witnesses who are for example blind or cannot physically sign a document.

Practice Direction 32

Paragraph 23.2 states that where the court has directed a witness statement to be filed in a foreign language:

(1) the party wishing to rely on it must -

(a) have it translated, and

(b) file the foreign language witness statement with the court, and

(2) the translator must make and file with the court an affidavit verifying the translation and exhibiting both the translation and a copy of the foreign language witness statement"

The point most often taken by opponents (who do not want to comply with PD 32) is that the court has not directed witness evidence to be filed in a foreign language therefore...

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