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ARTICLE · 05 DECEMBER 2017

Witness Statements In A Foreign Language

Clyde & Co
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A statement of truth contained within a witness statement must be signed by the witness (paragraph 3.2, PD 22).

United KingdomLitigation, Mediation & Arbitration
Ben Parkin
Ben Parkin
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A statement of truth contained within a witness statement must be signed by the witness (paragraph 3.2, PD 22). But what of a witness who does not understand English?

The Civil Procedure Rules and case law provide some guidance, however there is currently no definitive answer.

Insisting on a strict approach provides certainty in litigation and can result in claims being struck out if opponents fail to comply. Courts will not make the 'correct' order of their own volition, and a pro-active approach is usually required.

Two Approaches

When a witness cannot understand (or read, or speak) English he can:

  • Have the statement of truth verified by an "authorised person" (Practice Direction 22)

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