If you are facing court proceedings, an immigration appeal, or a tribunal hearing, you may have been told you need to provide a witness statement. This important document sets out your version of events in your own words and can be crucial to the outcome of your case. Witness statements are crucial to a successful outcome in nearly all court cases and serve as primary evidence in civil and criminal proceedings.
Many people feel anxious about preparing such a statement, particularly if they are unfamiliar with the legal system or if English is not their first language. The good news is that a clear, accurate and well-structured witness statement can significantly strengthen your position, whether you are defending a possession claim in Manchester County Court in 2026 or preparing for an immigration appeal before the First-tier Tribunal.
We, at Axis Solicitors, assist clients across immigration, civil litigation, housing disrepair, family law and personal injury disputes.
This article will explain what a witness statement is, including the requirement that it must be written in the first person, in the witness’ own words, when you need one, the correct format and content requirements, the significance of the statement of truth (which must follow the prescribed form set out in Practice Direction 32), special rules for vulnerable witnesses and those with language barriers, how to serve and file your statement, and how our solicitors can assist you.
What Is a Witness Statement?
A witness statement is a formal written document that sets out a witness’s own factual account of events relevant to a legal case. It is signed with a statement of truth and used as evidence in courts and tribunals across England and Wales. The document must contain facts stated by the person making it, based on their own knowledge or experience.
Witness statements are used in a wide range of cases, including housing possession claims, money and debt disputes that may fall into small claims, fast track or multi-track litigation, divorce and child arrangements proceedings, personal injury claims, immigration appeals and judicial review challenges. Wherever there is a dispute about what happened, a it allows each party to put forward their account for the judge or tribunal to consider.
It is important to understand that a witness statement deals with facts, not legal argument. The purpose of the document is to explain what you saw, heard, did or experienced. Legal submissions and arguments belong in separate documents such as pleadings, position statements or skeleton arguments. The court or tribunal will use your witness evidence, together with any documents and cross-examination at the hearing, to decide what is likely to have occurred.
Who Makes a Witness Statement?
Each party in a case, whether claimant, defendant, appellant or respondent, will usually provide their own witness statement if they want to rely on their evidence at a hearing. The statement allows you to tell the court your side of the story in a structured, formal way.
Consider these examples: a tenant facing a section 21 possession claim in 2026 will need to set out their defence and relevant circumstances; a spouse appealing a partner visa refusal will need to explain the genuineness of their relationship; an employee bringing an unfair dismissal claim in 2025 will need to describe the events leading to their dismissal. In each case, the person provides their own account in their own statement of witness.
Other individuals who have relevant factual evidence should usually provide separate statements of witness. For example, in a housing disrepair claim, a neighbour who witnessed the condition of the property might give a statement. In a clinical negligence case, a treating medical professional might provide evidence. In an immigration human rights appeal, family members who can speak to your circumstances and ties to the UK may need to give statements.
You cannot normally rely on someone else’s evidence unless they have given it in their own signed witness statement. Courts expect each witness to take personal responsibility for their account and to confirm it with a statement of truth.
Witness Statements vs Affidavits
An affidavit is a written statement sworn on oath or affirmed before a solicitor, commissioner for oaths or other authorised person. Affidavits are required in specific applications or where a statute or rule demands sworn evidence.
Under the Civil Procedure Rules 1998 and related practice directions, affidavits can sometimes be used. However, the sworn oath process typically involves additional formality and cost. The witness must appear before an authorised person to swear or affirm the contents, which adds an extra step compared to simply signing a standard statement.
In most modern civil and family proceedings, a standard CPR witness statement verified with a statement of truth is sufficient. Affidavits remain more common in certain contexts, such as insolvency applications, probate matters, or documents intended for use by foreign authorities who require sworn evidence.
When Do You Need a Witness Statement?
The requirement for a witness statement is usually set out in court directions, tribunal orders or procedural rules. The Civil Procedure Rules, Family Procedure Rules, Employment Tribunal Rules and Immigration and Asylum Chamber Procedure Rules all contain provisions about witness evidence.
Typical situations where you may need it include:
- Defending or bringing a small claim or fast track civil claim
- Responding to a possession claim or bringing a housing disrepair action
- Pursuing or defending a personal injury claim in 2024 or 2025
- Making or opposing a child arrangements application in 2026
- Appealing a sponsor licence revocation or visa refusal decision
They are also commonly required when applying to set aside a county court judgment, suspend a warrant for eviction, vary a family court order, or challenge a Home Office decision through judicial review.
The consequence of not filing your witness statement by the deadline can be serious. The court or tribunal may refuse to let the witness give oral evidence at the hearing, or it may give little weight to late or missing evidence. This can undermine your case before you even reach the trial.
Court and Tribunal Directions
In most defended civil claims, the court issues directions after allocation to a track. These directions include a specific date by which each party must exchange and file their witness statements. The directions ensure both sides know what evidence the other will rely upon before the final hearing.
In accelerated housing possession claims in England, the landlord’s evidence is often contained within the claim form itself. In defended non-accelerated cases, however, the court may order full witness statements to be filed at least 14 days before trial.
A typical direction might read: “Each party must file and serve any witness statements of the evidence on which they intend to rely by 4 pm on 16 October 2026.” The direction will usually specify both the deadline and the method of service required.
Failing to comply with these directions can lead to sanctions. Evidence may be excluded, the hearing may be adjourned with cost penalties, or in serious cases the claim or defence may be struck out entirely.
Specific Timing under Civil Procedure Rules
In some housing possession lists, the rules require witness statements to be filed and served at least two clear days before a hearing, unless the judge orders otherwise. This tight timetable reflects the urgent nature of many possession proceedings.
In fast track and multi-track claims, the timetable for witness evidence is usually set months in advance. This allows both sides adequate time to prepare for trial and ensures the court has all relevant evidence well before the hearing date.
In civil appeals or judicial review claims, the court may order witness evidence on specific issues, such as service, delay or conduct, by a set date. Strict compliance is expected, and failure to meet deadlines can result in permission being refused or adverse inferences being drawn.
Witness Statement Template: Format and Structure
Witness statements must comply with Practice Direction 32, and in the Business and Property Courts, PD 57AC sets out additional requirements. These practice directions cover the heading, layout, pagination and numbering of statements.
Statements should be set out on A4 paper or in equivalent electronic format, typed and legible, with generous margins and numbered paragraphs. Each paragraph should deal with a single point to assist the judge and other parties in navigating the document.
Online filing and electronic bundles are now standard in many courts in 2025 and 2026, but the core formal requirements remain the same whether the document is submitted on paper or as a PDF. A properly formatted statement with numbered pages is easier for the court to refer to during the hearing.
While courts can sometimes accept minor non-compliance where the interests of justice require it, a professionally drafted statement following the correct format is more persuasive and demonstrates respect for the court’s procedures.
Heading and Case Details
Each statement must have a clear heading including the name of the court or tribunal, such as “In the County Court at Manchester” or “In the First-tier Tribunal (Immigration and Asylum Chamber)”. The heading should also include the claim number or appeal reference and the case title, for example “Smith v Jones” or “Between: X (Appellant) and the Secretary of State for the Home Department (Respondent)”.
Beneath or beside the heading, the document should be titled “Witness Statement of [Full Name]” and include the date and statement number if the same person is making more than one statement.
These details help court staff, judges and solicitors identify the document quickly within large bundles. The court may allow a witness statement that is not formatted correctly at its discretion. In multi-party litigation or immigration cases with extensive evidence, clear labelling is essential.
Introductory Paragraphs: Who You Are
The first numbered paragraph should set out the witness’s full name, address (residential or business as appropriate), occupation, and relationship to the case. This might be claimant, defendant, appellant spouse, landlord, tenant, HR manager or treating consultant.
Include a short explanation of how you came to know the facts you describe. For example: “I have lived at the property since 1 June 2018” or “I have acted as the appellant’s immigration solicitor since October 2024”. This helps the court understand why your evidence is relevant.
If the statement was prepared with assistance, explain this briefly. State whether you prepared it yourself, dictated it to a solicitor, or used an interpreter, and if so, which language was used. Courts expect transparency about how the document was created.
Keep these introductory paragraphs short and clear so that a judge can immediately see why you have relevant evidence to offer.
Main Body: Chronology and Key Events
Structure the main body of your statement in date order, breaking your evidence into short, numbered paragraphs. Each paragraph should deal with one distinct point or event. This makes your account easier to follow and simpler for the judge to refer to during the hearing.
In longer statements, use short sub-headings to guide the reader through different sections. Helpful headings might include “Background”, “Events in 2023”, “Dealings with the Home Office”, or “Events Leading to Possession Proceedings”.
Each factual assertion should be clear and specific. Where possible, support your account with a document or exhibit. For example, refer to “the tenancy agreement dated 10 February 2020” or “the Home Office refusal letter of 3 September 2025” and direct the reader to the relevant page in the bundle. When referencing specific facts, details, or evidence, clearly state that they are mentioned in the supporting documents or exhibits.
Avoid inserting legal submissions into your witness statement. Do not write, for example, “the landlord has breached section 11 of the Landlord and Tenant Act 1985”. Such points should be reserved for a separate written argument or for your legal representative to raise at the hearing.
Content Requirements: Knowledge, Belief and Exhibits
Courts and tribunals need to understand which parts of a witness statement are based on first-hand knowledge, which are based on information provided by others, and which are supported by documents. This allows the judge to decide what weight to give each part of your account.
The Civil Procedure Rules and accompanying practice directions require witnesses to identify clearly the source of any information or belief that is not from their direct experience. This transparency is fundamental to reliable witness evidence.
In complex immigration, commercial or housing disrepair cases, it is common to attach multiple exhibits to support the factual account. Medical reports, photographs, correspondence and official documents can all strengthen your statement. It is important to show the relation between each piece of evidence and the facts at issue, making clear how your exhibits support your case.
Poorly sourced or speculative statements may be given little weight, or even excluded, particularly in contested hearings. A clear, honest belief in the accuracy of your evidence is essential.
Sources of Knowledge and Belief
Whenever you rely on information from another person, such as a GP, school, social worker, accountant or immigration caseworker, you must say so explicitly. Give the person’s role and explain how you obtained the information.
Distinguish carefully between facts you personally witnessed and things you have been told. For example, write “I was present at the meeting on 21 May 2025” for direct knowledge, but “I am informed by my solicitor, Mr Khan of Axis Solicitors, and believe that…” for information received from others.
Where information comes from documents, such as Home Office case notes or council inspection reports, refer the reader to the relevant exhibit and page number. This allows the court to verify your account.
Vague references such as “I understand that…” without identifying the source can reduce the credibility of your evidence. Be specific about what you know, how you know it, and what you believe based on information from others.
Using Exhibits and Supporting Documents
An exhibit is a supporting document or item attached to and referred to in your witness statement. Common exhibits include tenancy agreements, photographs of disrepair, wage slips, medical reports, email chains and Home Office decision letters.
Exhibits are usually labelled with the witness’s initials and a running number. For example, if your initials are AB, your exhibits would be labelled “AB1”, “AB2”, “AB3” and so on. In your statement, you would write something like “a copy of the tenancy agreement dated 10 February 2020 is at exhibit AB1”.
Each exhibit should have a clear front sheet or label identifying the case name, witness name, exhibit reference and a brief description of the document. This helps everyone involved in the case locate relevant documents quickly.
Check key documents carefully for accuracy, legibility and date. These exhibits may be critical in disputes such as rent arrears claims, accident chronology or immigration history. Errors or missing pages can undermine otherwise helpful evidence.
The Statement of Truth and Consequences of False Evidence
Every witness statement relied upon in court proceedings must end with a statement of truth signed and dated by the witness. In specific circumstances, a legal representative may sign on behalf of a party, but the witness remains responsible for the contents.
The standard wording under the Civil Procedure Rules is: “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.”
By signing, you confirm that you genuinely believe what you have said. You also acknowledge that you understand the potential consequences of making a false statement. This confirmation is not merely a formality.
The statement of truth creates real accountability. Knowingly making a false statement can result in contempt of court proceedings, fines or even imprisonment, particularly where the falsehood is serious or deliberate.
False Statements and Contempt of Court
If a party is shown to have deliberately lied in a witness statement, the court may refer the matter to the Attorney General for contempt proceedings. This is in addition to any adverse inferences the court draws about credibility in the main case.
Courts can also impose costs sanctions for unreliable or exaggerated evidence. In personal injury claims, for example, where alleged symptoms are found to be grossly overstated, the court may dismiss the claim and order the dishonest party to pay the other party’s costs. If evidence or claims are dismissed due to procedural issues, the court may grant relief from sanctions if there is a good reason for the non-compliance, such as a valid explanation or justification for the failure to follow the rules.
You should never sign a statement you do not agree with. Read any draft prepared by a solicitor or adviser carefully before signing. If anything is inaccurate or uses words you would not use, ask for it to be changed.
Axis Solicitors will always discuss the draft with you, make any necessary corrections, and ensure you understand each paragraph before adding the statement of truth. Your evidence must be your own account, in your own words.
Special Rules for Vulnerable, Non-English Speaking and Non-Reading Witnesses
Modern court and tribunal procedures recognise that some witnesses may be vulnerable due to age, disability, trauma, language or literacy barriers. Special rules and protections may apply to how their witness statements are prepared and how they give evidence at a hearing.
In immigration, asylum, domestic abuse and housing disrepair cases handled by Axis Solicitors team, vulnerability is common. Clients may have experienced persecution, trafficking, violence or other traumatic events. These circumstances must be addressed carefully in the evidence.
The court has a duty to ensure vulnerable parties can participate effectively and that their evidence is fairly presented and tested. This may involve adjustments to how the statement is taken and how the witness is questioned at the hearing.
Vulnerable Parties and Special Measures
Vulnerability can arise from mental health conditions, learning difficulties, age, physical disability, experiences of trafficking or torture, domestic abuse, or cultural and language barriers. The court will consider any relevant factors when deciding how to manage the evidence.
Special measures that may be available include allowing the witness to give evidence behind a screen, anonymising addresses in court documents, permitting remote video evidence, modifying the order of questioning, or limiting direct contact with an alleged abuser.
Your witness statement may need to explain the nature of your vulnerability and why special measures are needed. Where possible, this should be supported by medical or expert evidence, such as a letter from a GP or a psychological report.
Axis Solicitors regularly request and justify appropriate measures in family and immigration courts, ensuring clients can give their evidence safely and effectively.
Witnesses Who Cannot Speak or Read English
If a witness statement is originally prepared in another language, both the original language version and an accurate English translation must be filed. The translator must provide their full name, qualifications and a signed confirmation that the translation is true and accurate.
Courts can reject a statement if it appears the witness did not actually understand or approve its contents. The document must genuinely reflect what the witness wants to say, not what someone else has written for them.
If a witness cannot read, the statement must be read to them in a language they understand before they sign it. The solicitor or authorised person must certify that this was done and that the witness appeared to understand and approve the contents.
This guidance ensures that all witnesses can give evidence on an equal footing, regardless of their language abilities or literacy level.
Preparing to Give Evidence
Preparing to give evidence is a vital part of any court proceedings, whether you are involved in an immigration appeal, a property dispute, or another type of claim. Your witness evidence can make a significant difference to the outcome, so it is essential to approach the process with care and honesty.
Start by reviewing all relevant documents and gathering any paperwork that supports your account. Organise these materials so you can easily refer to them when drafting your own witness statement. Make sure your statement is based on factual evidence and your honest belief in what happened. Avoid speculation or including anything you are unsure about, accuracy is crucial.
Before finalising your statement, check that it complies with the practice direction for your type of case, especially if you are appearing in property courts or other specialist tribunals. Your statement should be clearly structured, with numbered pages and paragraphs, making it easy for the judge and other parties to follow.
If you are unsure about any aspect of the process, seek guidance from a legal representative and make sure you understand how legal fees and costs will apply to your case. They can help ensure your document is properly prepared and that you understand the importance of the statement of truth.
Remember, a false statement can have serious consequences, including contempt of court proceedings. Always read your statement carefully before signing, and only confirm the statement of truth if you are confident that every point is accurate and reflects your own knowledge or belief. Being well-prepared will help you provide evidence confidently and respond to questions during the hearing.
If you need support, Axis Solicitors can guide you through each step, from organising your documents to preparing your statement and understanding your responsibilities as a witness.
Serving and Filing a Witness Statement
A witness statement must be both served on the other party and filed with the court or tribunal by the deadlines set in directions or rules. These are two separate steps, and both must be completed correctly.
Service means providing a copy of the document to the other party or their solicitors. Filing means lodging a copy with the court or tribunal office. Access to court documents is generally limited to the parties involved, but non-parties may require court permission to view these statements, especially at different stages of the proceedings.
The deadline for service may be the same as or different from the deadline for filing, depending on the directions.
Methods of service include personal delivery, first-class post, DX, and increasingly email or online portals where the other party has agreed to accept electronic service. Each method has different deemed service dates which affect when service is treated as complete.
It is essential to allow sufficient time for deemed service when working to tight court timetables. Missing a deadline by even one day can have serious consequences for your case.
Methods of Service and Deemed Dates
Personal service involves handing the statement directly to the individual, leaving it with a responsible officer of a company, or using a process server. This method is often used in time-critical or contested situations where proof of delivery is important.
Service by post involves sending the statement to the address for service given on the claim form or defence, or to the solicitors’ address if they are on the record. Service by first-class post is usually deemed to take place on the second business day after posting.
Service by email is generally permitted only where the receiving party has expressly agreed to accept it or the court has directed it. The correct email address and file format must be used.
Axis Solicitors keep proof of posting, delivery or electronic receipt for every served witness statement. This avoids disputes about whether and when service actually took place.
Filing at Court or Tribunal
Filing can usually be done by post, in person at the court office, via fax in some courts, or by uploading to a digital portal such as CE-File or online tribunal systems where available.
The filing date is the date the court actually receives the document, not the date it was posted. Some courts treat documents lodged after 4 pm as filed on the next working day, so allow time accordingly.
Witness statements should be clearly labelled in the bundle index and paginated consistently with other case documents. This assists the judge in locating evidence quickly during the hearing.
Axis Solicitors manage the entire filing and service process for clients, ensuring compliance with both deadlines and technical filing rules.
Examination of a Witness
The examination of a witness is a key stage in court proceedings, where your statement and evidence are tested by the judge and the other party. During this process, you may be asked to clarify points in your statement, explain relevant facts, or provide further details about exhibits and documents you have referred to.
It is important to be familiar with your witness statement before the hearing. Review the numbered paragraphs and any exhibits so you can easily refer to them if asked. The judge or the other party’s legal representative may question you about specific facts stated in your statement, and you should be prepared to explain your account clearly and honestly.
When answering questions, always refer back to your statement and provide accurate, truthful information. If you do not know the answer to a question or cannot recall a detail, it is better to say so than to guess. The court values honesty and clarity over speculation. If you are asked about a document or exhibit, point to the relevant page number or paragraph to support your answer.
The examination process is governed by specific rules to ensure fairness. You may be asked questions by both the judge and the other party, and your legal representative can provide guidance on how to respond. Stay calm and take your time to answer each question. Remember, your witness statement is an important document that supports your claim, and your role is to assist the court by providing relevant facts and evidence.
If the court requires further clarification or additional evidence, cooperate fully and provide the information requested. With careful preparation and the right support, you can approach the examination of a witness with confidence, helping to ensure your evidence is given the weight it deserves.
If you have concerns about the examination process or need help preparing, Axis Solicitors can offer practical guidance and support throughout your case.
Get Expert Help with Your Witness Statement
Many people in Manchester, London, Birmingham and across the UK find witness statements difficult. This is especially true where English is not their first language or where the subject involves traumatic events such as domestic abuse, persecution or serious injury.
At Axis Solicitors, we work with clients through every stage of preparing their witness statement. This includes an initial consultation to identify the relevant issues, a detailed fact-gathering interview, careful drafting in your own voice, a review meeting to correct any errors, and finalising the statement of truth and exhibits.
Request a consultation with Axis Solicitors to discuss your witness statement and overall case strategy. Appointments can be arranged by phone, video or in person at our Manchester office and other locations across the UK.
