WITNESS STATEMENTS IN FOREIGN LANGUAGES: THE APPROPRIATE PROCEDURE

September 29, 2014 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

If a witness cannot speak English and a witness statement is required what needs to be done? Some guidance can be found in the rules and in a recent case in the Family Division. GUIDANCE IN PRACTICE DIRECTION 32 23.2 Where the court has directed that a witness statement in a foreign language is to b...

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Tags: Evidence, Translations, Witness statement

3 Responses

Jeff · September 30, 2014 at 05:56:14 · →

This is really interesting. What I find many practitioners and DJs seem to struggle with is the correct approach to witness statements made by or on behalf of parties in civil cases, when they cannot read English. I am unaware of any authority which assists in those circumstances and there is no consistency of approach from the bench.
1. Jeff · September 30, 2014 at 06:02:49 · →
  
  And to clarify, I am talking out circumstances where the statement is in English, presumably drafted by the solicitor, and it is apparent the party was unable to read it (either because there is something in a document such as a medical record that reveals as much or there is a half-baked ‘translation clause’ from a non-authorised person at the end of the statement).
Martin Hulston · February 17, 2015 at 10:08:52 · →

I have seen cases struck out and/or parties being unable to rely upon said witness statement, if they do not comply