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Top Tips for Statement Writing in Civil Proceedings for Local Authority Officers

by Kerryn Woollett, Regulatory and Enforcement Solicitor

  1. Witness statements should be written in the first person.
  2. Witness statements should follow the chronological sequence of the events.
  3. Witness statements should be divided into numbered paragraphs.
  4. Each paragraph should, as far as possible, be confined to a distinct portion of the subject.
  5. Witness statements must state:
    1. the full name of the witness;
    2. the address at which he or she works;
    3. the position he or she holds;
    4. the name of his or her employer; and
    5. that he or she is the employee of a party to the proceedings (and which party that is).
  6. Include details of how long the current positon has been held.
  7. Also include details of any previous positions held, provided these are relevant, for example if you have been the Licensing Team Manager for 2 years but prior to that you were a Licensing Officer for 15 years this would be relevant.
  8. Include details of any other relevant experience and/or qualifications.
  9. Witness statements must indicate:
    1. which statements in it are made from the witness’s own knowledge and which are matters of information or belief, and
    2. the source of any matters of information or belief.
  10. All numbers, including dates, should be expressed in figures.
  11. If you need to be authorised to take certain action (for example serve a notice, enter property etc.) a copy of your authorisation document should be exhibited to your statement.
  12. Each exhibit should be identified, using the initials of the person making the statement, numbered consecutively within the statement and be in bold, for example ‘KW1’.
  13. Any documents referred to, for example, letters, photographs, notices etc. should be exhibited, unless exhibited to a colleague’s statement.
  14. Where a witness refers to an exhibit or exhibits, he or she should state ‘I refer to the (description of exhibit) marked ‘…’’.
  15. Witness statements must be verified by a statement of truth, the wording of which is as follows “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.”
  16. Where a witness makes more than one witness statement to which there are exhibits, in the same proceedings, the numbering of the exhibits should run consecutively throughout and not start again with each witness statement.
  17. Exhibits should be preceded by a cover page.
  18. The pages of a witness statements should be numbered consecutively.
  19. The last page of a witness statement should not include the statement of truth or signature alone. The last page should include the last paragraph of the statement along with the statement of truth and signature.
  20. Witness statements should be signed and dated – the date should be the date on which the statement is signed.

If you need any support with witness statement writing, please do not hesitate to contact us at legal@nwleicestershire.gov.uk