How do I draft a Witness Statement? UK General Litigation & Small Claims

[@johnnicholas1000]

Thank you so much for this series of videos. As a total novice to court action, you have guided us through the whole process and enabled us to go to the hearing with everything “in apple pie order”. As a direct result we won our claim and had the counterclaim dismissed. Result!

[@RedwoodLegal]

This is great! Congratulations for being your own superhero! If this warrants some positive stars on our TrustPilot profile, here's the link: uk.trustpilot.com/review/redwoodlegal.co.uk.

[@ryankelly5524]

This is really helpful. I’m a paralegal looking to study law, Ive used this video to draft a witness statement for my first small claims hearing, and it was very useful.

[@paulmason535]

The information you have provided me has been very useful. I had no idea how to set out a witness statement. Your presentation to me was perfect.

[@shahmahmud-e9v]

Very Helpful. I am litigating in person. This video series has been a great help.

[@georgedimitrov3572]

Thank you Alex, that was a nice one! Very professional, it was easy to get the point. Thanks.

[@RedwoodLegal]

You're welcome!

[@nigelduckworth406]

You probably won't catch this after all this time, but very many thanks for your expert guidance. I say this as a retired solicitor who is assisting his son in a claim against a company. I have however, had no contact with civil litigation since I was an articled clerk 45 years ago and then not a lot. Almost my entire career has been spent in the criminal law. So apart from looking at the tort and the CPR rules, I had no clue as to what should happen these days. Now, thanks to you, I have all the information I need to properly draft the documents. Your time and trouble in making these vlogs is much appreciated.

[@RedwoodLegal]

You are more than welcome! Best wishes to you and your son!

[@nickbagnall]

Thank you Alex, a very good presentation, clear and precise with precious information.

[@daxtaylor9514]

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[@jadielrhys3156]

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[@jadielrhys3156]

@Dax Taylor No problem :)

[@solagesture.9982]

THANK YOU FOR THIS VIDEO. I DON'T KNOW WHERE TO START BEFORE BUT I WOULD TRY TO GIVE IT A GO NOW WATCHING YOUR UPLOAD!

[@breaker-one-nine]

Jesus. I hadn't gotten to this stage yet but, well explained that all the evidence needs connected to a witness statement. 😮 I guess I didn't read that bit yet in the Sheriff Court Practice book. 😂 I know there are differences but, good info mate.

[@WoodoakWilderness]

Thank you for sharing this. I will help me and I'm sure many others with taking the steps along the daunting road to getting justice for themselves.

[@RedwoodLegal]

Thank you for the feedback!

[@leannebarry1888]

This has really helped me thank you so much.

[@RedwoodLegal]

You're very welcome!

[@psyonide3211]

Thanks for the video - can you advise on how to present audio and visual evidence?

[@RedwoodLegal]

Well, it very rarely happens in low value claims. I did have a case last year where a designer wanted to show the court the video work he had done to show it was done well, and not negligently. But even then we decided not to do it. Be very careful about this - audio and visual is rarely used in lower value claims, especially if it is recorded phone calls. It just makes the party adducing that evidence look dodgy. I would email us on [e-mail] for better feedback on your individual claim. I just cannot give general advice on this point I am afraid. We will charge you though. £150 one hour legal surgery.

[@TeamSimpsonRacing]

Thank you for this video, its incredibly helpful 👍

[@RedwoodLegal]

Glad it was helpful!

[@Samir69London]

Great video. Very clear and precise. I really appreciate you help sir. Who said solicitors are a rip off??!!!

[@aabc84]

What happens if the witness statement is signed but not dated

[@fahedbizzari3900]

Thanks Alex.

[@ollygee]

Great information. Many thanks

[@RedwoodLegal]

You're welcome! :)

[@paulharding6269]

Hi, when wrighting a witnes statement for the evidence I want to submit. if their is 10 pieces of evidence for example phone bills,emails,invoices , would each item have a seperate witness statment . thank you

[@jayjoe9925]

Thank you so much.

[@RedwoodLegal]

You're welcome!

[@johnsmith-bv2wc]

alex the fisheries use to take me to court for fishing offences but i would never let them see my evidence until we was in court, i never lost

[@solagesture.9982]

JOHN SMITH : GOOD IDEA HERE, I'VE LEARNED ANOTHER TRICK FROM YOU NOW BY READING YOUR COMMENT. HAA, WHAT A CLEVER WAY OF HANDLING THE BASTARD DEBT MERCHANTS AND THEIR SPONSORS, THE LOCAL AUTHORITIES!

[@borntodoit8744]

You are wrong to mislead. Fishing issues are summary offences. Summary offences are minor issue. You wouldn't get away with delaying evidence with major issues in any court (including small claims track). Most you can do is delay evidence to 11th hour on last day (the due date set by court). The legal process is designed to be fair to both parties. You try to be unfair to otherside there is a good chance other side will point it out for judge and judge will penalise u...with costs. Both claimant and defendant MUST both ... present all their case AND ... allow the other side time to read and prepare counter arguments ...same for court It's the judge who must decide ON THE EVIDENCE IN FRONT OF HIM. No evidence = no fact supported No fact = related claim (relying on fact) is denied Denied claim = othersides claim is accepted unchallenged and wins the point Judges is as fact finder...and proof checker If your evidence is considered IRRELEVANT or INADMISSIBLE then the evidence is ignored by judge and your case is weaker for one less point. Basically John Smith ...your silly for trying it yourself ...your silly for challenging Redwood (he is qualified litigator) and ...your silly for trying to encourage other people what you do is correct for them ...what you do doesn't follow even the basic rules of court process Just because your lucky so far doesn't mean your luck won't run out next time.

[@king0vdarkness]

For 4:33 Please may I ask a few questions? 1. for the "Made on behalf of" would this be necessary if not using a lawyer and if it's a different witness from the claimant? 2. "Statement Number: 1" - is this the number of witness statements this particular witness makes? 3. "Exhibits:" X - are these the number of exhibits referenced in this witness statement? Any help would be appreciated.

[@amritlohia8240]

1. It should be included, as it tells the court that this witness is giving evidence in support of the claimant (rather than for the defendant). 2. Yes, it is. 3. Yes.

[@king0vdarkness]

@@amritlohia8240 Thank you :) I submitted my statement a few moths ago, i just hope the judge is reasonable and rules in our favour, the dealer took us for a ride, since november last year...

[@amritlohia8240]

@@king0vdarkness Well, County Court judges can be a bit variable, but best of luck...

[@king0vdarkness]

@@amritlohia8240 thank you

[@BurtKocain]

Is it necessary to follow the templates you've shown? It just that I've got my letter from the court inviting me to write a witness statement, and all it asks for is the court number, name and address, numbered paragraphs, double spacing, "I believe the facts set out above to be true", etc, and a date and signature. They've not asked for any other particular wording. I've got my 50 pages of correspondence with the other party in a separate document, numbered by page, and I refer to certain emails in my statement as (page XX of evidence document). Do I have to rewrite and reformat this? Thanks for your help.

[@RedwoodLegal]

Hi Burt, This is for guidance only, so whilst it covers best practices, other formats also work as long as you're clear, concise and follow a dated order, you'll be fine. Good luck!

[@soulfabuk]

In the Small Claims track (Money Claim), are witness statements and evidence mandatory for both parties? I am defending a building dispute claim but the Claimant has not filed or served a statement or any evidence for either of their two witnesses. Are they going to file it on the day and just plead ignorance (can I object to lack of notice) or can they proceed solely with their Claim Form? Many thanks (and keep up the great work).

[@amritlohia8240]

It's not strictly mandatory in small claims, but if they try to introduce it on the day, you can object to the lack of notice.

[@paulpenhalegan1915]

Hi...Can you tell me if a counter claim verbal witness in a small claims court has to provide a written statement to the plaintiff first....one would need time to go over what maybe said surely...

[@aa-qv5pg]

Can you send your evidence before the deadline date? The wording is confusing as it says "By 4pm ON xxth date." Does this literally mean ON that date or 4pm by that date?

[@RedwoodLegal]

Yes, sending evidence before the 'by 4 pm on xxth' is advised. Sometimes documents go missing and this prepares you for the eventuality.

[@RedwoodLegal]

Thanks for all the helpful comments below! Please feel free to give me feedback - you can always email me at [e-mail] - so I can improve the service. I will be bringing out a book later this year incidentally.

[@beautifulfindings3008]

I have received a n244 form from the defendant with a witness statement but I have not been asked to present a witness statement by the court. Can I now send my witness statement and how many days does the court need in advance of hearing pls in may 2022. Thanks

[@RedwoodLegal]

If your opponent I making some sort of application, N244 (A very common form) then he will probably include evidence with the application. (A witness statement.) You then have the right to put in a response (Your own witness statement usually.) Time-frame depends on whether the court has sent out an order fixing a date - it should do and it may include when you need to respond. Obviously you should not leave your response to the application to last-minute - if for no other reason than the courts are very busy and you want to ensure it arrives in good time. CPR Practice Direction 23 Evidence para 9 suggests you should do it as soon as possible, but 14, or even 7 days before the hearing is okay, in my view. Obviously file and serve - do not attempt to ambush your opponent by not copying them! www.justice.gov.uk/courts/procedure-rules/civil/rules/part23/pd_part23a