How to Prepare Witness Statements for a Commercial Dispute

In commercial litigation in England and Wales, witness statements are a fundamental part of the evidence. They allow witnesses to set out the facts relevant to a dispute in a written form that the court can consider, whether at interim hearings or at trial. A properly prepared witness statement can significantly affect the strength of a party's case, while a poorly drafted one can weaken it or even be excluded.

This guide explains what witness statements are, the legal rules governing them, how to prepare them step by step, and common pitfalls to avoid. It is intended for businesses, solicitors, and members of the public involved in commercial disputes.

What Is a Witness Statement?

A witness statement is a written document that contains the evidence a person (the witness) would give if asked to give their evidence orally in court. Under the Civil Procedure Rules (CPR), a witness statement must be served on the other parties before a hearing or trial and may stand as the witness's evidence in chief if the witness is called to give oral evidence.

In the Business and Property Courts, additional practice directions supplement the general CPR rules, emphasising that witness statements should be concise, fact‑based, and only include evidence the witness would be permitted to give.

When Witness Statements Are Required

The court will usually order witness statements to be served when factual disputes need to be proved. This often happens:

• At case management hearings before trial
• In preparation for a final trial
• In support of interim applications, such as for injunctions or summary judgment

A witness statement must be served by the deadline the court sets. If a party fails to serve a required statement on time, the court can refuse to allow that witness to give evidence or impose sanctions.

Legal Framework and Format

Witness statements in commercial cases must comply with CPR Part 32 and Practice Direction 32, which set out formal requirements for content and format.

Key requirements include:

• A witness statement must be in the witness's own words, in the first person, and in their own language where practicable.
• It should be expressed in numbered paragraphs and be typed and legible.
• Each page should be appropriately headed with the parties' names, claim number, witness name, and date.
• Exhibits referred to in the statement must be properly identified and exhibited separately.
• The statement must end with a statement of truth, signed by the witness, confirming that the facts stated are true.

In Business and Property Courts, Practice Direction 57AC provides additional guidance on content, emphasizing that witness statements should set out only matters of fact within the witness's personal knowledge and relevant to the issues at trial.

Step‑by‑Step: Preparing a Witness Statement

1. Identify Relevant Witnesses

First, identify individuals who have direct knowledge of facts in dispute. These may include:

• Employees or managers involved in the commercial transaction
• Persons who attended key meetings
• Individuals who communicated relevant instructions or emails

Choose witnesses whose evidence will help establish key issues such as breach of contract, communications between parties, or events leading to the dispute.

2. Gather Documents and Supporting Material

Before drafting the statement, collect all relevant documents such as:

• Contracts and agreements
• Emails and messages
• Invoices and delivery records
• Meeting notes

A witness should have access to the documents to refresh their memory if necessary. Witness statements should refer to documents where relevant, but should avoid serving as a substitute for disclosure documents.

3. Draft the Statement in the Witness's Own Words

The substance of the statement must be expressed by the witness in their own words. It should:

• Begin with the witness's full name, address, occupation or role in the business.
• Describe the relevant facts in sequence. Each fact should be in numbered paragraphs.
• Distinguish between facts within the witness's personal knowledge and information based on belief, specifying sources for matters of belief.
• Avoid legal arguments, conclusions, or commentary on legal principles; these belong in other court documents.

For example, rather than stating “The contract was breached,” the witness should describe what they saw or what occurred that leads to that conclusion.

4. Identify Exhibits Clearly

If a witness refers to a document in their statement, it should be marked as an exhibit (for example, AB1, AB2) and attached separately. Exhibits help the court verify the evidence and understand the witness's account in context.

Exhibits should be listed in the statement and positioned after the main body, each clearly labelled.

5. Include a Statement of Truth

Every witness statement must conclude with a statement of truth signed by the witness. This typically 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.”

The witness must understand the seriousness of this declaration, as false statements may lead to legal consequences including contempt of court.

6. Review and Finalise

Once drafted, the witness should read the statement carefully, confirm accuracy, and sign and date it. If requested by the court or another party, a translation may be required if the statement is in a language other than English.

Common Pitfalls to Avoid

Including Legal Argument

Witness statements must contain only factual evidence, not legal argument or submissions. Legal reasoning should appear in other court documents such as pleadings or skeleton arguments.

Exaggeration or Assumptions

Like all evidence, witness statements must be truthful and based on what the witness genuinely knows or observed. Unsupported assumptions or speculation can undermine credibility.

Poor Organisation

Failing to organise the statement chronologically or by topics can make it harder for the court to follow the evidence. Numbering paragraphs and structuring the narrative clearly improves readability.

Ignoring the Statement of Truth

A witness statement without a proper statement of truth and signature will not be admissible and may be excluded by the court.

Using Witness Statements in Court

Once served, if a witness is called at trial, their statement usually stands as their evidence‑in‑chief. This means that instead of giving a long opening narrative orally, the witness's written account forms the basis of their testimony. Counsel or party representatives then typically conduct cross‑examination on that written evidence.

At interim hearings, witness statements allow the court to consider evidence without requiring witnesses to attend in person, which can streamline dispute resolution.

When to Seek Legal Assistance

Preparing witness statements is a technical process. Where commercial disputes are complex, involving multiple witnesses or significant documentary evidence, seeking legal assistance can help ensure statements are compliant with court expectations and effectively supportive of the case.

Key Takeaways

Witness statements are critical evidence in commercial disputes in the courts of England and Wales. They set out the facts a person would give if called to testify at hearing or trial. Prepared in accordance with CPR Part 32 and its practice directions, witness statements must be factual, well‑structured, and accompanied by a statement of truth. They should be drafted in the witness's own words, supported by exhibits where appropriate, and served within court deadlines.

Careful preparation of witness statements enhances credibility, supports key issues in dispute, and helps the court understand the case's factual background.