Drafting of your witness statement

May 3, 2025

Drafting Your Witness Statement for a Professional Negligence Claim

In any professional negligence claim, whether it involves negligence by a solicitor, accountant, or surveyor, a well-drafted witness statement is critical. This is especially true in high-value litigation where the stakes are high. Your witness statement is often the linchpin of your case: a clear, factual narrative that can make or break your claim. In fact, a strong, credible statement that presents your case effectively will very often encourage an early settlement, saving you time and cost. Below we provide detailed guidance on why a carefully prepared witness statement is so important in professional negligence claims, what the current Civil Procedure Rules (CPR) require, and how our expert litigation solicitors can assist you in preparing a compelling statement.

Why Witness Statements Matter in Professional Negligence Claims

A witness statement is your story, in your own words, of what happened and why you have brought the claim. In a professional negligence case (for example, a claim against a solicitor or other professional), this statement is a factual account of the dispute. It should contain little to no opinion or legal argument, its purpose is to set out the facts as you experienced them. A well-crafted witness statement will:

Present your case clearly: It provides the court (and the opponent) with your evidence to support your claim of negligence. A coherent, chronological narrative helps the reader understand the key events and how the defendant’s actions (or inactions) caused you loss.

Strengthen your position: If your statement is thorough and credible, it can significantly strengthen your negotiating position. Defendants are more likely to consider settling a professional negligence claim when faced with a claimant’s witness statement that clearly evidences a strong case.

Stand as evidence at trial: If the case does not settle, your witness statement will form the foundation of your oral evidence in court. You typically will not repeat your whole story on the stand, instead, your statement itself will serve as your evidence-in-chief. The judge will usually read it in advance, and you will simply confirm it and then be cross-examined on its contents.

Because the witness statement carries such weight, it is no exaggeration to say drafting your witness statement is one of the most crucial parts of the entire litigation process. High-value professional negligence claims often involve complex facts and technical details, so ensuring your statement is accurate and comprehensive is vital. Any gaps or mistakes can be seized upon by the defendant’s lawyers during cross-examination, potentially undermining your case.

Complying with Civil Procedure Rules (CPR) and Best Practices

Witness statements in England and Wales must adhere to formal requirements set out in the Civil Procedure Rules (CPR), specifically CPR Part 32 and its accompanying practise Direction 32. There are also new provisions (introduced in April 2021) for cases in the Business and Property Courts, often the forum for high-value litigation, under practise Direction 57AC, which reinforce the need for witness statements to be strictly factual. Here are key rules and best practices to keep in mind:

Factual, First-Hand Evidence:

Your witness statement should only include facts that you personally know about the case. The CPR is clear that statements must not drift into opinion, speculation, or legal argument. For example, if you are suing a surveyor for a negligent property valuation, your statement should detail what the surveyor told you and what you observed, not your personal opinions on how professional their work was. Courts have even struck out portions of witness statements that attempted to give expert opinion or commentary, as such content is inadmissible. The job of the witness statement is to state what happened, while arguments about negligence or duty are left to the lawyers and, if needed, expert witnesses.

Your Own Words:

A witness statement must be in the witness’s own words and voice. In practise, your solicitor will assist in drafting the document, but it is crucial that you are comfortable with the language and content. The statement should sound like you, not like a legal textbook. Using plain English (or the witness’s native language, if not English) and a clear, first-person narrative (“I remember that…”) is the standard. This authenticity adds credibility. As the claimant, you must also understand everything in your statement, since you may be questioned on any of it at trial. We ensure that nothing is included unless you fully comprehend it and agree that it is true and accurate.

Chronology and Detail:

It is best to organise your statement in a logical chronological order. Start from the beginning of your dealings with the professional and work through to the aftermath of the negligence. Include all relevant details of conversations, meetings, and key events. For example, in a claim against a solicitor, you would outline when you first instructed the solicitor, what advice or service you sought, what the solicitor did or failed to do at each stage, and how those actions led to the problem or loss you suffered. Providing a timeline of events helps the court follow the sequence of events clearly. Every significant point should be covered, if it’s important to your case, it belongs in the statement. Omitting or glossing over details can create gaps in evidence. Conversely, irrelevant digressions should be avoided; they distract from the main issues. Our experienced witness statement solicitors will help you determine what facts are pertinent and should be included, and what can be left out.

Exhibits (Supporting Documents):

Often, your witness statement will refer to documents (emails, letters, contracts, reports, etc.) that support your story. Rather than inserting lengthy text from those documents into your statement, the correct practise is to attach them as exhibits. Each exhibit will be given a reference (e.g., [Your Initials] 1, [Your Initials] 2, etc.) and you’ll refer to them in the statement (“I received an email from the accountant on 5 May 2023 confirming the advice, a copy of which is exhibited as AB1”). Ensuring that documents are properly exhibited and paginated is part of complying with the court’s rules (practise Direction 32 provides detailed guidance on this). We will take care of compiling and referencing your exhibits so that your statement remains clear and the evidence is properly presented.

Format and Formality:

There are specific formatting requirements for witness statements. They must be typed and have a heading with the title of the proceedings, the claim number, the parties, and the name of the witness. Paragraphs should be numbered sequentially. The statement should also state the full name and address of the witness (you) and identify which party (claimant/defendant) you are, and in what capacity you’re giving evidence (in this case, as the claimant). These might sound like minor technicalities, but they are mandated by the rules (outlined in practise Direction 32). Failure to comply with the required format or content can have serious consequences, the court may refuse to admit a non-compliant witness statement as evidence, or refuse to allow the costs of its preparation to be recovered from the opponent. By entrusting your statement to an expert litigation solicitor, you can be confident it will meet all these formal requirements.

Statement of Truth:

Every witness statement must end with a Statement of Truth, which the witness signs. The wording of this statement was updated by the CPR in recent years to make the seriousness of truthfulness abundantly clear. It will say: “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.”

When you sign this, you are declaring that everything in your statement is true to the best of your knowledge. Never be tempted to include anything untrue or guesswork. If you sign a witness statement verified by a statement of truth knowing it contains false information, you could be found in contempt of court (CPR 32.14), a very serious offence that can even lead to fines or imprisonment. The Statement of Truth is there to remind all parties that honesty is paramount. As your solicitors, we will ensure that every sentence in your statement is accurate and can be sworn to. We double-check facts against available records and will not ask you to say anything that you cannot honestly confirm.

By following these rules and best practices, you not only comply with the Civil Procedure Rules, but you also create a witness statement that is persuasive and robust. In professional negligence cases, demonstrating precision and honesty in your statement can enhance your credibility in the eyes of the judge (and the opponent). It shows that you, as a claimant, are well-prepared and serious about your claim.

How Our Expert Litigation Solicitors Assist in Preparing Your Statement

Drafting a comprehensive witness statement, especially for a high-value professional negligence claim, is a multi-stage process. Our role as your solicitors is to guide and support you through each step, bringing our expertise in complex litigation to bear so that the final document is the best it can be. Typically, the preparation of your witness statement will unfold over several weeks and involves close collaboration between you (the claimant) and our legal team. Here is how we approach it:

Initial Fact-Finding and Consultation:

We begin by meeting with you to gather all the relevant facts about your case. This includes discussing the history of your relationship with the professional (solicitor, accountant, surveyor, etc.), what went wrong, and the impact it has had on you. We encourage you to share everything you remember, even details that you might not initially think are important, sometimes a small detail can become crucial later. At this stage, we may ask you to go through your records (emails, letters, contracts, reports) to help build a detailed timeline of events. This fact-finding phase forms the foundation of your witness statement. By the end of it, we will have a clear chronological outline of the key events and issues in your professional negligence claim.

Drafting and Review:

Using the information you provide, we will produce a draft witness statement. Our expert litigation solicitors focus on translating your recollection into a well-structured narrative that is factually thorough and legally relevant. We ensure the draft covers all necessary points to support your claim, for example, in a negligence claim against a solicitor, the draft will address what the solicitor was retained to do, where they failed to meet their duties, and how that caused your loss. We also make sure the draft is in your voice and understandable to you. Once we have a first draft, we will go through it with you line by line. This review is crucial: we want you to be 100% happy with the content. We’ll verify dates, names, and details against any documents or other evidence to confirm accuracy. At this stage, we invite your input, if something is incorrect or missing, we will revise the statement. The drafting and review process may involve several rounds of edits and discussions. It continues until you feel that the statement reflects everything you want to tell the court in the clearest possible terms.

Finalising and Signing the Statement of Truth:

After revisions, once you are satisfied that the witness statement is complete and accurate, we will prepare the final version for signing. We will remind you again of the importance of truthfulness. The final document will include the Statement of Truth (as described above) at the end. You will then sign the statement, affirming that its contents are true. We ensure the statement is properly dated and that all formatting requirements are in order. By this point, you will have a document that you fully stand behind. We, as your solicitors, will also sign a certificate of compliance if required (for instance, in Business and Property Courts cases under PD 57AC, legal representatives must certify that the statement complies with the rules and that the witness has been made aware of the relevant requirements).

Exchange of Witness Statements:

In litigation, witness statements are typically exchanged simultaneously between the parties on an agreed date set by the court’s timetable. This means that once your statement is finalised, we will also receive the defendant’s witness statements (for example, a statement from the solicitor or accountant you are claiming against, and perhaps statements from any other witnesses they use). We will handle the formal service and exchange for you. It’s important to note that if a party fails to serve their witness statement by the deadline, they may not be allowed to rely on that witness’s evidence without the court’s permission. We make sure to meet all deadlines so that your evidence is properly before the court. After exchange, we will review the defendant’s statements carefully and may discuss with you any new points or contradictions that arise, to prepare for cross-examination.

Using the Witness Statement at Trial:

If your professional negligence claim proceeds to trial (many settle before this stage if the witness statements reveal one side has a stronger case), your witness statement will serve as your evidence-in-chief. At the trial, you will typically be asked to confirm that your statement is true and that you wish to rely on it. You will not usually need to repeat everything in it live; the judge and the defendant’s legal team will have studied it beforehand. The opposing barrister will then cross-examine you, that is, they will ask you questions, testing the contents of your statement. This is where the thoroughness and honesty of your witness statement are paramount. Because you and your solicitor took care to include all the relevant facts and to avoid any speculation or exaggeration, you will be able to confidently stand by your statement. After the cross-examination, your own barrister can re-examine you to clarify any issues that arose. Our careful preparation aims to ensure there are no unwelcome surprises at trial, everything in your statement is something you are ready to be questioned on. A well-prepared witness who gives consistent, truthful evidence under cross-examination greatly improves the chances of a successful outcome, be it a favorable judgement or even prompting a late settlement from the other side.

Throughout this entire process, our focus is on making your witness statement as strong as possible while fully complying with all court rules. We draw on our extensive experience in  to anticipate how the opposition might challenge your evidence and to make sure your statement addresses those points proactively. By the time of exchange and trial, you will have a document that encapsulates your case clearly and effectively.

Judicial Scrutiny of Witness Statements in Professional Negligence Claims

Recent case law demonstrates that UK courts have become increasingly vigilant regarding compliance with the Civil Procedure Rules (CPR) and practise Direction 57AC when considering witness statements. Below are detailed discussions of significant cases highlighting common pitfalls and reinforcing essential best practices for drafting witness statements in high-value professional negligence claims.

Greencastle MM LLP v Payne & Ors [2022] EWHC 438 (IPEC)

In Greencastle MM LLP v Payne, the court took decisive action by striking out portions of witness statements that contained arguments and commentary on documentary evidence. The judge highlighted non-compliance with practise Direction 57AC, noting that the rules were introduced specifically to prevent the inappropriate use of witness statements for advocacy. The judgement serves as a clear caution against the inclusion of argumentative and interpretative content, emphasising that such breaches can significantly escalate litigation costs.

Mad Atelier International BV v Manes [2021] EWHC 1899 (Comm)

In Mad Atelier International v Manes, the Commercial Court found the witness statements contained impermissible opinions and commentary, directly contravening practise Direction 57AC. The judge reiterated that the directive mandates witness statements must strictly adhere to factual evidence from personal knowledge without any subjective commentary or opinion. This case underscores the courts’ stringent approach to enforcing compliance and maintaining clear boundaries for admissible witness evidence.

Blue Manchester Ltd v Bug-Alu Technic GmbH [2021] EWHC 3095 (TCC)

The Technology and Construction Court in Blue Manchester Ltd v Bug-Alu Technic GmbH criticised witness statements for their extensive narrative and argumentative content, clearly breaching practise Direction 57AC requirements. Although the court stopped short of entirely striking out the statements, it mandated substantial revisions for compliance. This ruling reinforced that witness statements must provide strictly factual testimony, avoiding advocacy, which should be reserved exclusively for legal submissions and counsel arguments.

Philipp v Barclays Bank UK Plc [2021] EWHC 10 (Comm)

In Philipp v Barclays Bank, the Commercial Court criticised the solicitors’ witness statements for exceeding permissible factual boundaries by including extensive narratives, legal arguments, and document commentary. The judgement specifically referenced practise Direction 57AC, which emphasises the requirement that witness statements must be restricted to facts personally known by the witness, without commentary or legal analysis. The judge explicitly stated that such improper content undermines the purpose of witness statements, potentially increasing costs and complexity in litigation.

Key Lessons from Recent Case Law

These cases collectively demonstrate that courts consistently enforce strict compliance with procedural requirements regarding witness statements. Practitioners involved in professional negligence litigation must ensure that witness statements:

• Are strictly factual, containing only direct knowledge from the witness without opinion or argument.

• Avoid commentary and subjective interpretations of documents or evidence.

• Fully comply with procedural requirements stipulated in the CPR and practise Direction 57AC, including clear, factual, and concise presentation.

Ensuring compliance reduces the risk of judicial criticism, potential sanctions, and enhances the effectiveness and credibility of the evidence presented in professional negligence claims.

Expert Support for High-Value Professional Negligence Cases

Carruthers Law is a specialist in complex litigation and professional negligence claims. Our team has handled numerous high-value cases against solicitors, accountants, surveyors, and other professionals. We understand the nuances of these claims, from the professional standards involved to the strategic considerations in litigation, and we use that knowledge to benefit our clients at every stage of the process. When it comes to witness statements, our expertise truly shines. We know how to present your story in the most compelling way, highlighting the facts that prove your claim while filtering out extraneous detail or impermissible content. We also stay up-to-date with all developments in the Civil Procedure Rules and best practise guidance, so you can be confident that your case will be prepared using the latest and most effective methods.

Our expert litigation solicitors provide a hands-on, tailored service. We appreciate that pursuing a professional negligence claim can be daunting, especially when large sums or important matters are at stake. You will find us approachable and meticulous. We take the time to explain the litigation process and the reasoning behind each step we take on your behalf. With our firm by your side, you gain the peace of mind that seasoned professionals are handling your claim and looking after your interests.

In summary, a well-drafted witness statement is indispensable in maximising the chances of success in a professional negligence claim. It requires attention to detail, knowledge of the rules, and strategic insight into how the evidence will be perceived. At Carruthers Law, we offer all of these in abundance. We will work with you to produce a powerful witness statement that supports your case and withstands scrutiny.

Contact Carruthers Law for Assistance. If you are pursuing a professional negligence claim against a solicitor, accountant, surveyor or other professional, and you want to ensure your case is handled with expertise and care, contact Carruthers Law today. Our team of  specialists can assist with drafting your witness statement, navigating the Civil Procedure Rules, and all other aspects of your claim. Let us put our experience to work for you.

Take the next step: reach out to us by phone or email for a confidential consultation. We will be pleased to discuss your situation, provide initial advice, and explain how we can help you achieve the best possible outcome in your professional negligence dispute. With Carruthers Law on your side, you can proceed with confidence in your  knowing that you have dedicated and knowledgeable solicitors fighting for your interests every step of the way.

For expert assistance with your professional negligence claim, contact Carruthers Law:

Telephone: 0151 541 2040
Email: enquiries@carruthers-law.co.uk