Witness Guide: A guide to giving your Witness evidence.

May 6, 2025

Comprehensive Guide to Giving Witness Evidence in UK Courts

Providing witness evidence at a trial can be stressful, particularly in professional negligence claims against solicitors, accountants, surveyors, or other professionals. This comprehensive guide outlines clearly what you can expect when giving evidence, and how to prepare effectively.

Your Role as a Witness

Your primary role is to present factual evidence clearly and truthfully. Your evidence significantly influences the court’s decision, especially in complex professional negligence cases.

Preparing Your Witness Statement

• Before trial, you’ll receive your final witness statement. You should thoroughly review this document as it forms the basis for your evidence in court. Ensure your statement:
• Accurately reflects your recollection of events.
• Is concise and clear.
• Complies with Practice Direction 57AC, requiring your own language and personal knowledge.

Notification and Attendance

We will inform you of the trial date well in advance. If you are a witness rather than a claimant or defendant, we will aim to specify the exact day you’ll give evidence. We will meet you at the court to guide you through the process.

At Court

When called, you’ll be guided to the witness box by the court usher. The judge will then ask you to:

• Swear an oath (on a religious text) or make a non-religious affirmation.
• Confirm your full name, address, and occupation.

The Examination Process

Examination-in-Chief

Your counsel will confirm your witness statement and may ask brief additional questions for clarification.

Cross-Examination

Opposing counsel will challenge your evidence, testing its reliability and accuracy.

Preparation tips include:

Familiarising yourself with your witness statement and relevant documents.

• Answering honestly and clearly.
• Remaining calm and composed, avoiding lengthy or irrelevant answers.
• Admitting when you do not remember details rather than guessing.

Re-Examination

Your counsel may clarify issues raised during cross-examination but generally won’t introduce new topics.

Courtroom Etiquette

• Address High Court judges as “My Lord” or “My Lady” and County Court judges as “Your Honour.”
• Address barristers or solicitors politely as “Sir,” “Madam,” or by their surname prefixed by Mr, Mrs, or Ms.
• Speak clearly and directly to the judge unless addressing counsel.

Special Measures

If you require assitance, special measures can be arranged, including:

• Giving evidence via video link.
• Using screens or intermediaries for vulnerable witnesses.

Importance of Your Testimony in Professional Negligence Claims

Your testimony can establish:

• The professional’s duty of care.
• How this duty was breached.
• The link between the breach and your losses (causation).
• The financial impact of the negligence (damages).

Summary of Key Witness Guidance

Next Steps: Seek Expert Legal Advice

If you’ve experienced loss due to professional negligence, contact our specialist legal team. We’re committed to guiding you through every step of your claim.

For a confidential consultation:

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