Discover how to prepare a compelling witness statement for small claims court in England and Wales, with practical tips to help your case succeed.

Preparing witness statements for small claims

So, you’ve filed your small claim and received a hearing date. One of the most important documents you’ll now need to prepare is your witness statement. For many claimants and defendants, this is unfamiliar territory — but a well-prepared witness statement can be the difference between winning and losing your case.

This guide explains what a witness statement is, who should write one, what to include, and how to present it effectively. Whether you’re pursuing a contractor who left work unfinished or recovering money owed to you, understanding how to put together a clear and credible statement will help you make the best possible impression on the judge.

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What is a witness statement?

A witness statement is a written account of the facts as you know them, presented from a first-person perspective and signed with a statement of truth. In small claims proceedings in England and Wales, witness statements serve as the primary written evidence the judge will read before — and during — your hearing.

Unlike a formal legal submission, a witness statement is not about arguing your case or explaining why you think you should win. Its purpose is to set out the facts: what happened, when it happened, and what you personally saw, heard, or experienced. The judge will then draw their own conclusions based on those facts alongside any supporting documents you attach.

The Civil Procedure Rules (CPR) govern how small claims are conducted, and the court will typically direct both parties to exchange witness statements ahead of the hearing. Your directions notice — the document the court sends after your claim is allocated to the small claims track — will tell you the deadline for filing and exchanging statements.

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Who should write a witness statement?

In most small claims cases, the main witness will be you — the claimant or defendant. You are best placed to explain what happened from your own direct experience. You should only include things you personally know to be true; avoid repeating what someone else told you (known as hearsay) unless it is genuinely relevant and you make clear it is second-hand information.

You can also ask other people to provide witness statements on your behalf. For example:

• A friend or family member who was present when a dispute arose
• A tradesperson who inspected poor-quality work carried out by someone else
• A colleague who witnessed a transaction or agreement

Each person providing a statement must write their own, in their own words, and sign it themselves. You cannot write a statement on behalf of someone else and have them simply sign it — the words must genuinely be theirs.

If you are relying on expert opinion (for instance, a builder’s assessment of defective work), be aware that small claims track directions on expert evidence are strict. You will usually need the court’s permission to rely on expert evidence, so check your directions notice carefully. More detail is available on the GOV.UK page on making a court claim.

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What to include in your witness statement

Your statement should be clear, factual, and logically ordered. Judges in small claims hearings often read dozens of statements, so brevity and clarity are genuinely valued. Here is what a well-structured statement typically covers:

Opening details

Begin with your full name, address, and your role in the proceedings (e.g. “I am the Claimant in this matter”). State that the contents are true to the best of your knowledge and belief — this forms the basis of your statement of truth.

A chronological account of events

Work through what happened in the order it occurred. Use dates wherever possible. If you are not certain of an exact date, say so — for example, “in early March 2024” is better than guessing. Avoid vague language such as “at some point” if you can be more specific.

Reference to supporting documents

Your witness statement should refer to the documents you are attaching as exhibits. Label each document clearly (for example, “Exhibit A — Invoice dated 12 January 2024”) and refer to them in the body of your statement. Supporting documents might include:

• Contracts, quotes, or written agreements
• Invoices, receipts, or bank statements
• Photographs or video evidence
• Text messages, emails, or WhatsApp conversations
• Any letter before action you sent before filing your claim

If you sent a formal letter before action prior to starting proceedings — as recommended under the Pre-Action Protocol for Debt Claims and general pre-action conduct guidance — include a copy as an exhibit. You can generate a professional letter before action using the ClaimsPilot letter before action tool.

Your losses and what you are seeking

Explain clearly what financial loss or harm you have suffered as a result of the events described. Be specific: how much money are you claiming, and why? If you are claiming interest on an unpaid debt, explain this and refer to your calculations. The ClaimsPilot interest calculator can help you work out the correct statutory interest figure to include.

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How to format and present your statement

Presentation matters. A well-formatted statement is easier for a judge to read and lends your evidence a sense of credibility and care. Follow these practical formatting guidelines:

• Use numbered paragraphs. Number every paragraph sequentially (1, 2, 3…) so the judge and the other party can refer to specific sections easily.
• Keep paragraphs short. Aim for one idea per paragraph.
• Use plain English. Avoid legal jargon or overly formal language. Write as you would speak, but in a measured and professional tone.
• Stick to facts. Do not editorialise or express anger. Phrases like “the defendant is a fraudster” are unhelpful and may damage your credibility. Instead, describe the facts and let the judge form their own view.
• Include a statement of truth. At the end of your statement, include the following wording: “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.” Sign and date it.

There is no single prescribed template for small claims witness statements, but the HM Courts & Tribunals Service (HMCTS) guidance on evidence is a useful reference point for general court procedure.

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Common mistakes to avoid

Even well-intentioned witness statements can undermine a case if they fall into common traps. Watch out for the following:

Including opinion rather than fact. You can say “the floor tiles were cracked and uneven when I inspected the work on 5 February 2024.” You should not say “the tiles were clearly fitted by someone who had no idea what they were doing.” The first is evidence; the second is opinion.
Being too long. A witness statement for a small claim does not need to be ten pages. If your claim is relatively straightforward, two to four pages is usually sufficient. Include everything that is relevant — and nothing that is not.
Failing to exhibit documents. Referring to a document in your statement without attaching it as an exhibit is a common error. Make sure every document you mention is included and clearly labelled.
Missing the court deadline. Your directions notice will specify a date by which you must file your statement with the court and send a copy to the other party. Missing this deadline can result in your statement being excluded from the hearing. Diarise the date as soon as you receive it.
Contradicting your claim form. Ensure that the account in your witness statement is consistent with what you stated in your original claim. Significant inconsistencies can be seized upon at the hearing.

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What happens at the hearing

On the day of your hearing, the judge will have read your witness statement in advance. You will not usually be required to read it aloud. Instead, the judge may ask you questions about it, and the other party (or their representative) may cross-examine you on its contents.

This is why accuracy and honesty matter so much. If you have included anything in your statement that is exaggerated or untrue, it is likely to come to light under questioning. A truthful, carefully prepared statement will hold up far better than an embellished one.

Small claims hearings are deliberately informal compared to other court proceedings. The GOV.UK guide to going to a small claims court hearing offers helpful guidance on what to expect on the day.

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Start preparing your case with ClaimsPilot

A strong witness statement is built on a strong case — and that starts well before the hearing date. ClaimsPilot helps you manage your small claim from start to finish, with tools to draft correspondence, calculate interest, and stay on top of deadlines.

If you have not already started your claim or need help organising your evidence, sign up to ClaimsPilot today and take the next step with confidence.