When Must Legal Documents Be Translated in Personal Injury Claims?
If you’re involved in a personal injury claim and English isn’t your first language, it’s natural to wonder whether all the legal documents in your case need to be formally translated. With so many rules and procedures, the process can feel overwhelming.
The good news? Not everything needs to be translated – and understanding the difference can save you a lot of time, stress, and unnecessary cost.
What Is a Statement of Case, and Why Does It Matter?
In personal injury and other civil claims, a statement of case is a document that explains each party’s position. It includes things like:
- the Particulars of Claim, where the claimant sets out what happened and why they say the defendant is responsible
- the Defence, where the defendant replies to those allegations
These documents outline the legal case – they set the stage for what the court will decide. They are not the same as witness statements, which describe the evidence in a person’s own words.
Do Statements of Case Need to Be Translated?
A common assumption is that if a client doesn’t speak English, their statement of case must be professionally translated before a solicitor can sign it for them. But the rules are actually much simpler.
Practice Direction 22 of the Civil Procedure Rules says that when a solicitor signs a statement of truth on behalf of a client, the court assumes:
1. The client has given permission for the solicitor to sign.
2. The solicitor has explained what signing a statement of truth means (using an interpreter if needed).
3. The client understands the consequences of signing something they don’t honestly believe is true.
Importantly, the rules do not require a written translation of the statement of case.
What matters is understanding, not paperwork. That understanding can come from:
- an interpreter,
- a written translation, or
- a solicitor who speaks the client’s language.
For example, we recently represented a client who spoke Urdu. Because one of our senior solicitors is also fluent in Urdu, she was able to explain the document clearly in the client’s own language. The client understood everything, authorised the solicitor to sign, and the process was entirely compliant with the rules—no written translation needed.
Despite this, the Defendant’s solicitors tried to argue the document was invalid and should be struck out. Their objection was based on a misunderstanding of the law.
Witness Statements: Where Translation Is Required
Where the rules are strict is with witness statements.
Under Practice Direction 32of the Civil Procedure Rules:
- A witness statement must be in the witness’s own words and in their own language if necessary.
- If it is written in a foreign language, it must be translated, and both versions must be filed with the court.
- The translator must sign and certify that the translation is accurate.
This makes sense – witness statements are the person’s evidence, and the court must know exactly what the witness is saying.
Why Understanding the Difference Matters
Knowing when translation is required—and when it isn’t—can:
- reduce delay,
- avoid unnecessary costs, and
- prevent arguments that distract from the real issues in a case.
In short, the rules are designed to make sure clients understand their documents – not to create extra hurdles. With clear communication, whether through an interpreter or a multilingual solicitor, the process remains fair and efficient.
If you have questions about translations, statements of truth, or anything else in a personal injury claim, we’re here to help.
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