What to Include in Witness Statements for Business Court Cases

In civil litigation and business disputes, witness statements play a critical role in presenting the factual evidence that a party intends to rely on at trial. A well‑prepared witness statement can significantly influence how a judge understands the case, whereas poorly drafted statements risk being excluded or given little weight. This article explains what to include in witness statements in England and Wales, the relevant procedural rules, practical guidance for drafting, and common pitfalls to avoid.

What Is a Witness Statement?

A witness statement is a written record of the evidence a person would give if called to testify in court. Under the Civil Procedure Rules (CPR) Part 32, a witness statement must contain the evidence which the witness would be allowed to give orally at trial, set out in writing and signed by the witness as true. Witness statements that are relied on at trial usually stand as that witness's evidence in chief unless the court orders otherwise.

In business cases, witness statements may be provided by:

• The parties themselves (claimants or defendants);
• Employees or officers of a company;
• Third‑party witnesses with relevant information.

Legal Requirements and Court Rules

Format and Formal Details

Under CPR Part 32 and associated Practice Directions, a witness statement must be properly headed and structured. Key formal information should appear at the beginning of the document:

• The title of the proceedings (names of parties and claim or case number).
• The name of the witness, their address, profession or role within a business, and any applicable company details.
• The statement should be numbered by paragraphs, with numbered pages, to help the court and opposing parties navigate the evidence.

These requirements ensure clarity and compliance with court directions.

Statement of Truth

Every witness statement must end with a statement of truth in the prescribed form, typically including the words:
“I believe that the facts stated in this witness statement are true.”
The witness must sign and date the statement to verify this. Failure to include a valid statement of truth may render the evidence inadmissible or lead to sanctions under CPR Part 22.

What to Include in the Body of the Statement

1. Personal Knowledge of Facts

The core of a witness statement should be the facts of which the witness has direct personal knowledge and which are relevant to the issues in the case. Only facts, not legal arguments, belong in a witness statement. For example:

• What the witness saw or heard.
• What the witness did or said in relation to the events in dispute.
• Dates, times, locations and factual details essential to the background and substance of the dispute.

Evidence should be expressed in the first person and in the witness's own words where practicable.

2. Distinguishing Fact and Belief

Where a statement includes matters of information or belief (for example, derived from company records or communications), the witness must specify this clearly and identify the source of that information. This transparency helps the court assess the reliability of the evidence.

3. Documents Referenced

If the witness's evidence refers to documents (such as contracts, invoices, correspondence, reports), the statement should:

• List the documents the witness has referred to or been shown;
• Identify these documents by reference (not necessarily by exhibiting entire documents unless specifically required).

Witness statements should not generally include large bundles of documents embedded within the text.

4. Chronological and Relevant Facts

A strong witness statement is organised in logical chronology to help the court understand the sequence of events. It should explain:

• The background to the dispute (briefly and pertinently);
• The relevant events in clear date order;
• Any steps taken to resolve the dispute before litigation.

This helps the judge follow the factual narrative without confusion.

Practical Content Tips for Business Cases

Be Accurate and Factual

Witness statements should focus on what the witness personally knows and avoid speculation. Estimations or guesses about another person's motives or intentions are generally unhelpful and may be struck out or disbelieved.

Avoid Opinion and Legal Argument

A witness statement is not the place for legal argument or commentary on what the law requires. Legal points should be reserved for legal submissions, skeleton arguments, or counsel's written arguments. Witness statements should stay rooted in factual recounting.

Keep Language Clear and Accessible

Use plain, precise language and avoid unnecessary jargon. Where technical business terms are essential, explain them clearly so that any reader, including a judge unfamiliar with a particular industry, can understand the evidence.

Referencing Other People's Evidence

If a witness needs to refer to another person's evidence or statement, this should be done cautiously and only where necessary to explain what the witness observed or understood at the time. When relying on another witness's words indirectly, clarify that this is how the witness came to have that information.

Trial Witness Statements in Business and Property Courts

For trials in the Business and Property Courts, a specific Practice Direction (PD57AC) applies to witness statements signed on or after 6 April 2021. This practice direction emphasises that witness statements should:

• Contain only evidence in chief that the witness would give orally at trial;
• Be prepared with care to avoid altering or influencing the witness's recollection;
• Refer to documents only where necessary for relevance, authenticity or identification.

The aim is to reduce unnecessary material and focus on evidence the court actually needs to decide the facts.

Common Mistakes to Avoid

Including Opinion Instead of Fact

Opinion about what should have happened, why someone acted as they did, or how a judge should interpret the law should be kept out of witness statements. Statements that stray into argument risk being disregarded.

Failing to Distinguish Source of Information

Statements that blur whether a witness personally knew a fact or learned it from another source can confuse the court and weaken credibility. Always clarify the source.

Omitting the Statement of Truth

A witness statement without a valid statement of truth, signed and dated by the witness, may be considered defective. This procedural element is essential for admissibility.

Service and Timing

The court will usually set deadlines for serving witness statements in advance of trial. Under CPR Part 32, witness statements intended to be relied upon at trial must be served on all other parties in accordance with the court's directions. If a party fails to serve a witness statement in time, the court may refuse to allow that witness to give evidence without good reason.

Key Takeaways

In business court cases in England and Wales, witness statements are a fundamental tool for presenting factual evidence. Effective statements must:

• Be properly headed with case details and witness information;
• Present factual evidence the witness knows personally in numbered paragraphs;
• Distinguish between personal knowledge and information or belief;
• Reference relevant documents clearly but separately;
• Finish with a signed statement of truth.

Understanding and following the rules in CPR Part 32, the accompanying Practice Directions, and best practice guidance ensures that witness statements support a clear and credible factual narrative. Well‑prepared witness statements help the court focus on the real issues in dispute and are key to achieving a fair outcome.