# Evidence and witness statements in civil proceedings

> **Key takeaway:** Statements = usual CIH (CPR 32) + statement of truth (Part 22). Hearsay: CEA 1995. Experts: CPR 35 permission + duty to court. Court controls evidence (32.1). Standard of proof: balance of probabilities.

- **Jurisdiction:** England & Wales
- **Practice area:** Civil Procedure
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/CivilProcedure/evidence-and-witness-statements
- **Keywords:** witness statements, CPR 32, CPR 35, expert evidence, civil hearsay, Civil Evidence Act 1995, statement of truth, evidence in chief

## What is this about?

Civil trials are shaped by CPR evidence rules: relevance and admissibility at common law, judicial control under CPR 32–35, and the practical centrality of witness statements as evidence-in-chief. Expert evidence is separately gated by CPR 35 permission.

## What is the core rule?

The general rule is that facts are proved by oral evidence in public, but CPR 32 makes witness statements the usual form of evidence-in-chief, with cross-examination live. Statements must comply with form requirements and a statement of truth (CPR 22). Hearsay is admissible in civil proceedings subject to the Civil Evidence Act 1995 notice/weight regime. Opinion evidence is generally for experts under CPR 35 with court permission; experts owe an overriding duty to the court. The court may control evidence under CPR 32.1 (including exclusion).

## What are the elements or test?

1. What fact must be proved and by whom (burden/standard — balance of probabilities)?
2. Witness statement served as evidence-in-chief; any application to give oral CIH?
3. Hearsay: CEA 1995 notice given; weight factors?
4. Expert needed: CPR 35 permission, single joint expert, duties to court?
5. Privilege or without-prejudice material wrongly included?
6. Sanctions for late service or non-compliance with orders

## Which authorities matter?

- **Civil Procedure Rules, Parts 22, 32, 33, 35** — Statements of truth, written evidence, hearsay procedure, and experts.
- **Civil Evidence Act 1995** — Civil hearsay admissibility and safeguards.
- **Ikarian Reefer [1993] 2 Lloyd's Rep 68 (guidelines) / CPR 35.3** — Expert independence and duty to the court — now embedded in CPR 35 practice.

## How does this apply in practice?

Disclosure (Part 31 / PD 57AD) is related but distinct from trial evidence. Video link and remote hearings have practice-direction overlays. Criminal evidence rules (hearsay under CJA 2003) do not apply. Check current PD 32 form requirements for statements.

## What are common pitfalls?

- Argumentative or non-first-hand witness statements
- Late expert evidence without permission
- Failing to serve hearsay notices under CEA 1995
- Experts acting as advocates for the instructing party

## When would a practitioner use this?

Trial preparation, statement drafting, expert management, and interlocutory evidence applications.

## Quick reference

Statements = usual CIH (CPR 32) + statement of truth (Part 22). Hearsay: CEA 1995. Experts: CPR 35 permission + duty to court. Court controls evidence (32.1). Standard of proof: balance of probabilities.

---

*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*