Key takeaways
- Practice Direction 32 paragraph 18.1 says a witness statement must in any event be drafted in the witness's own language.
- Under paragraph 23.2, the translator must sign the original foreign-language statement and certify that the translation is accurate.
- In the Business and Property Courts, PD 57AC treats as "own language" any language in which the witness is fluent enough to be cross-examined.
- The heading of a witness statement must show the date of any translation, and the body must say whether an interpreter was used to prepare it.
This article is for litigation solicitors, trainees and paralegals in England and Wales who take evidence from witnesses who are more comfortable in another language. It explains what the Civil Procedure Rules require, how the stricter Business and Property Courts regime changes things, and how to organise drafting, translation and signature without breaching either.
Criminal proceedings, Scottish courts and tribunals follow their own rules. For immigration tribunals, see our article on translation for immigration appeals; for the wider picture, see our legal translation guide.
In what language must a witness statement be written?
A witness statement in civil proceedings in England and Wales must be drafted in the witness's own language, even if the case is conducted in English. Paragraph 18.1 of Practice Direction 32 states:
"The witness statement must, if practicable, be in the intended witness's own words and must in any event be drafted in their own language, the statement should be expressed in the first person..."
Paragraph 19.1(8) repeats that the statement must "be drafted in the witness's own language", and paragraph 20.1 requires the statement of truth to be made by the witness "in their own language". A statement drafted in English for a witness who does not read English is therefore defective, even if the content is accurate.
What does Practice Direction 32 require when a statement is in a foreign language?
When a witness statement is in a foreign language, Practice Direction 32 puts duties on both the party and the translator. Paragraph 23.2 says the party wishing to rely on it must have it translated and file the foreign-language witness statement with the court, and:
"the translator must sign the original statement and must certify that the translation is accurate."
Two further details are easy to miss. Paragraph 17.2(6) requires the heading of the statement to show "the date of any translation". Paragraph 18.1(5) requires the statement to explain how it was prepared, "for example, face-to-face, over the telephone, and/or through an interpreter".
Affidavits follow a stricter route
For a foreign-language affidavit, paragraph 10.2 requires the translator to "make and file with the court an affidavit verifying the translation", exhibiting both the translation and a copy of the original. This means the translator swears to the translation rather than simply signing a certificate.
What changes in the Business and Property Courts under PD 57AC?
In the Business and Property Courts, trial witness statements must also comply with Practice Direction 57AC. Paragraph 3.3 clarifies the meaning of "own language" for multilingual witnesses:
"...a witness's own language includes any language in which the witness is sufficiently fluent to give oral evidence (including under cross-examination) if required, and is not limited to a witness's first or native language."
This cuts both ways. A witness who works in English every day may give a statement in English. A witness who could not withstand cross-examination in English must give it in their own language, with a certified translation. PD 57AC also requires a signed confirmation that the statement sets out only the witness's personal knowledge "in my own words", which makes heavy lawyer drafting in a second language risky.
How should a foreign-language witness statement be prepared?
A foreign-language witness statement is safest when prepared in the witness's language from the first interview, with translation into English as a separate, documented step. The workflow below keeps the witness's words and the court's requirements aligned.
- Decide the witness's language. Apply paragraph 18.1 and, in the Business and Property Courts, the fluency test in PD 57AC paragraph 3.3. Record the reasons.
- Interview through a qualified interpreter if needed. Note the interpreter's name and the method (face to face, telephone or video), because paragraph 18.1(5) requires the statement to say how it was prepared.
- Draft in the witness's language. Use the witness's own expressions, in the first person, with numbered paragraphs and document references.
- Have the witness review and sign the foreign-language version, including the statement of truth in their language.
- Translate into English. The translator should keep paragraph numbering identical so cross-references work in both versions.
- Translator signs the original and certifies the translation. Add the date of translation to the heading.
- File and serve both versions as the court directs, and keep the translator available in case accuracy is challenged at trial.
English draft or foreign-language draft: what is the difference?
The order in which a statement is drafted and translated affects how well it survives cross-examination. The table compares the two common approaches.
| Approach | How it works | Risk |
|---|---|---|
| Draft in the witness's language, then translate into English | The witness approves a text in their own words; the English version is a certified translation | Low, if the translator is skilled and the process is recorded |
| Draft in English, then translate for the witness to sign | Lawyers draft in English; the witness signs a translation of the lawyers' text | Higher: the words may be the lawyers', not the witness's, and the signed version is the translation |
| Draft in English, read to the witness by an interpreter | The witness signs an English statement they cannot read | Generally inconsistent with paragraph 18.1 where English is not the witness's own language |
Can AI or machine translation be used for witness statements?
The rules do not yet say so expressly, and the question is under review. The Civil Justice Council's interim report on the use of AI for preparing court documents asked: "If a translator is prepared to sign a statement of accuracy, taking responsibility for it, is there any need to enquire further?"
The CJC working group has said its final report is anticipated later in 2026. Until then, whoever certifies the translation takes responsibility for its accuracy. Our article on machine translation for legal documents covers the risks.
Common mistakes with translated witness statements
Most challenges to translated witness statements come from process gaps that are visible on the face of the document. These are the ones to avoid.
- No date of translation in the heading. Paragraph 17.2(6) requires it.
- The translator does not sign the original. Paragraph 23.2(b) requires a signature on the foreign-language statement, not only on the English version.
- Paragraph numbering differs between versions. Counsel and the judge will be working from different numbers.
- Exhibits left untranslated. Documents the witness refers to may also need translation; see translation for litigation and disclosure.
- Polishing the witness's language. Translators should render what the witness said, including any uncertainty the witness expressed, and must not improve the evidence.
- Using the same person as interviewer, interpreter and translator without recording it. Record each role so the process can be explained if questioned.
How TranslationWorks can help with witness statement translation
TranslationWorks is a UK-based translation agency that translates witness statements, exhibits and other legal documents through native-speaking professional linguists, in more than 150 languages. TranslationWorks is registered to ISO 17100, the international standard for translation services. Our legal translation service keeps paragraph numbering and references aligned between versions, and our ISO 27001 registration supports confidential handling of evidence. Requirements for court filings vary, so when you request a free quote, tell us where the translation will be submitted and what format the court requires, such as a signed translator's certificate, and we will confirm what we can provide.
