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...