Witness Statements and Court Bundles for Defendants in the County Court

The hearing date is set and the court's directions tell you what evidence to prepare. They may require witness statements and a court hearing bundle. Getting your evidence organised makes the difference between a coherent presentation and scrambling through loose papers while the judge waits.

Writing your witness statement

A witness statement is your evidence in written form. On the small claims track, the judge often reads it in advance or at the start of the hearing, and then asks questions based on it. A well-structured statement means less explaining in the room.

For small claims, CPR 27.2 disapplies most of Part 32, including Practice Direction 32, except for CPR 32.1. Follow the court's directions about the evidence it requires. These points are useful ways to organise a statement, not automatic format rules for every small claim:

• Headed with the case name, claim number, and your name
• Numbered paragraphs, so the court and parties can refer to specific passages
• Written in the first person: "I contracted with the claimant to..." not "The defendant entered into a contract..."
• Set out in chronological order — start with the background, then walk through events in the order they happened
• If the court directs a statement of truth, use the wording in the direction or the court's prescribed form
• Signed and dated if the court's directions require it

What to include:

State the facts. Explain what happened, when, and what evidence supports your version. If you are a landlord defending a deposit claim, describe the condition of the property at check-in, the condition at check-out, what deductions you made and why. If you are defending a builder's claim for unpaid fees, describe the work that was agreed, what was actually delivered, and where the shortfall is.

Where you refer to a document — a contract, an invoice, a photograph, a text message — say "I refer to the text message at page 14 of the hearing bundle." This ties your evidence to the documents in the bundle and helps the judge follow along.

What to leave out:

• Opinion, argument, or legal submissions. The witness statement is for facts. "The claimant is wrong about this" is argument. "The invoice was dated 3 March and the work was not completed until 15 April" is fact.
• Hearsay, unless it is relevant: if you include what someone else told you, identify who told you and what was said. Hearsay is not automatically excluded; the judge decides what weight to give it in the circumstances.
• Irrelevant background. The judge does not need to know how the business relationship started unless it is directly relevant to the dispute.

Witnesses you are calling:

Each witness should check that their statement accurately records what they personally saw, heard, or did. You may help prepare or type a draft, but the witness must review and confirm it before signing any statement of truth required by the court.

On the small claims track, you should have indicated in the Directions Questionnaire (Form N180) how many witnesses you planned to call. The court may have given directions limiting witnesses or requiring statements to be exchanged by a specific date.

Preparing the court hearing bundle

If the court directs the parties to prepare a hearing bundle, it is a paginated collection of the documents they will rely on. The court's directions govern the format and contents. A typical bundle may contain:

1. The claim form (Form N1) and Particulars of Claim
2. Your defence (and counterclaim, if filed)
3. Any replies filed by the claimant
4. Court orders and directions already made
5. Witness statements from both sides
6. Documents referred to in the witness statements — contracts, invoices, photographs, text messages, emails
7. A chronology (optional but useful): a one-page table listing key dates and events

Practical rules:

• Number every page consecutively. Page 1 is the first page of the first document. This lets the judge say "turn to page 23" and everyone follows.
• Use dividers or tabs if the bundle is substantial (more than 30 pages). Label each section.
• Print everything in a readable size. Photographs should be printed large enough to see detail. Screenshots of text messages should be legible without a magnifying glass.
• Include only relevant documents. A 200-page bundle full of irrelevant correspondence frustrates judges. If a document is not referred to in a witness statement, question whether it needs to be in the bundle.

How many copies?

Bring at least two copies: one for the judge and one for the other side. Keep your own working copy (three in total). The court's directions may specify how many copies and when they must be filed — follow those directions.

When to prepare it:

Start preparing any required bundle at least two weeks before the hearing. If one is required, the court's directions state who prepares it, how the parties agree its contents, and when it must be exchanged or filed. Preparing early gives you time to chase documents, resolve disputes about what goes in, and avoid last-minute printing.

If the claimant has documents you need (invoices, contracts they hold), write to them and ask. If they refuse, mention it in your witness statement. The judge may draw inferences from a party's refusal to disclose relevant documents.

The county court money claim response guide includes a printable evidence bundle checklist and a court communication log — designed to help defendants organise their documents and track every interaction with the court and the other side.

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