It is really important to remember the basics of preparing a witness statement, especially if your client’s language is not going to be English at trial.
Starting point
CPR 32 .8 A witness statement must comply with the requirements set out in Practice Direction 32.
So far, nothing controvertial.
Practice Direction 32
The next step is to look ar paragraph 18.1 of PD 32:-
18.1 The witness statement must, if practicable, be in the intended witness’s own words and must in any event be drafted in their own language, the statement should be expressed in the first person and should also state…….
So if a witness statement is prepared in English and then translated into the client’s own language, that is not complaint with PD 32 para 18.1.
Corriea v Williams
The trial Judge refused the Claimant permission to remedy his defective statement (which was in English, and he was a Portuguese speaker). One option put forward was to have the statement translated into English. The trial judge said “...but the problem with that is that that would be a double translation from Portuguese to English and then back to Portuguese, and the claimant will be being asked to confirm something which is essentially leading questions, setting out what somebody else has interpreted (accurately or otherwise) his original instructions”.
When Solicitors prepare a statement in English and then have it translated, they are doing just what trial Judge said was wrong. The Claimant was unsuccessful in their appeal, with Garnham J stating all the remedies “would have been to create precisely the difficulties for the court and the respondent which the rules are intended to avoid“.
The Court can still grant permission to rely on a defective statement under PD32 para 25.2, but as above Mr Correia was unsuccessful. Better to be safe than sorry.
How to avoid this?
Get in touch with Julie Twist of Diversify Law. Julie and I have already offered a webinar to law firms about how to deal with non-English-speaking clients, including properly preparing their witness statements.
You can contact her at julie@diversifylaw.co.uk, where you can purchase the webinar for a flat fee and can be used within your firm (i.e. not limited to one person).
Information
AJH Advocacy Limited, a Limited Company which is regulated by the Bar Standards Boards (entity number 190758), ceases trading on the 12th January 2026.
From the 12th January 2026 and onwards, Alec Hancock will practice as a Barrister at Magdalen Chambers in Exeter. For instructions on matters on or after 12th January 2026, please contact Magdalen Chambers via clerks@magdalenchambers.co.uk or by telephone on 01392 285 200.