Since April 2021, you must endorse a certificate of compliance when preparing witness statements for trial in the Business and Property Courts (B&PC). It is recommended that you use this useful PLC template letter to the witness to ensure that you comply with your obligations.
The letter is designed to be sent before meeting the witness to prepare their statement. The letter is drafted on the assumption that the witness's own language is English and that you intend to call the witness to give evidence at trial. The relevant Practice Direction, PD 57 AC applies to trial witness statements signed on or after 6 April 2021 in both new and existing proceedings in the B&PCs, with a few exceptions.
Amongst other things, the legal representative is required to certify that they are satisfied that "the purpose and proper content of trial witness statements, and proper practice in relation to their preparation, including the witness confirmation required by paragraph 4.1 of Practice Direction 57AC, have been discussed with and explained to [the witness]".
Paragraph 3.9 of the Appendix to PD 57AC confirms that:
"Any witness providing a trial witness statement should have explained to them, by the legal representatives of the relevant party, the purpose and proper content of such a statement and proper practice in relation to its preparation, before they are asked to prepare or consider any draft statement and, wherever practicable, before any evidence is obtained from them (by interview or otherwise). This should include ensuring that the witness has read, or reading to them, the witness confirmation required by paragraph 4.1 of Practice Direction 57AC."
One way of ensuring that these explanations are given to the witness is by sending a letter such as this one. The witness will need to sign both the confirmation of compliance and the statement of truth.
Given the importance of ensuring good practice and the requirement for a certificate of compliance to be signed by you, it is recommended that you ask the witness to countersign the letter using Signable. That way, you will have evidence on file that not only was the letter sent but the witness acknowledged receipt and confirmed that they had read its content. You should also diarise to chase the witness in case they do not return the countersigned copy promptly