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

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Are you a litigant in person, running your own case?

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This is a "How To" on how to draft a witness statement. Do not forget that witness statements are for producing evidence and so you should NOT send a witness statement in when you first make a claim.

See separate video on drafting a Reply & Defence to Counterclaim - pleadings are what you use to state your case, evidence comes at a later stage and the court will send out an order for your to produce and exchange witness statements and all your evidence (disclosure)
at a date a few weeks before trial.

- this can often take claimants buy surprise, where they have issued a claim without realising that there was any problem with the work that they had performed.
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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!

johnnicholas
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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.

paulmason
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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.

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

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

georgedimitrov
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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.

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

nickbagnall
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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!

solagesture.
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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.

breaker-one-nine
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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.

WoodoakWilderness
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This has really helped me thank you so much.

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

SamirLondon
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Thank you for this video, its incredibly helpful 👍

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

psyonide
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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

paulharding
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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).

soulfabuk
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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.

BurtKocain
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What happens if the witness statement is signed but not dated

aabc
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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...

paulpenhalegan
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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

johnsmith-bvwc