Winning in the Witness Box: A Practical Familiarisation Guide to Giving Evidence in Court of Tribunal

If you are called to give evidence, how you perform in the witness box can determine the outcome of the case. Most witnesses are unprepared. They misunderstand the process, answer the wrong question, become defensive under cross-examination, or unintentionally damage their own credibility.

This practical guide shows you exactly how to give clear, confident and credible evidence. Written by a barrister with over 20 years’ experience of examining and cross-examining witnesses, this book explains what really happens in courts and tribunals, and how to handle it. Inside, you will learn how to:

• Understand the purpose of giving evidence
• Answer questions clearly and confidently
• Avoid common mistakes witnesses make
• Deal with cross-examination and leading questions
• Stay calm under pressure
• Maintain credibility and trust with the tribunal or judge
• Distinguish between evidence and explanation
• Prepare effectively before giving evidence

The book includes:

• Practical examples of good and poor answers
• Clear frameworks for answering question
• Step-by-step guidance on the hearing process
• Insights into how judges assess credibility

Who this book is for:

• Employees and professionals required to give evidence
• Parties to court or tribunal proceedings
• Witnesses in workplace investigations or hearings
• Lawyers and HR professionals preparing witnesses
• Experts and professional witnesses

A practical, plain-English guide to performing well when it matters most.

• Learn how to give clear, credible evidence. Understand exactly what judges and tribunals are looking for.
• Practical techniques for answering questions. Includes real examples of effective and ineffective answers.
• Prepare for cross-examination with confidence. Know how to handle pressure and difficult questioning.
• Written in plain English - No legal jargon, just clear, usable guidance.
• Essential for court, tribunal and workplace hearings

“You may be reading this because you have been told that you will need to give evidence in a hearing. If so, you’re likely to be anxious, worried, maybe even scared. For most people, the prospect of going to a court, tribunal or similar is a daunting one and that fear can then impact on how they present themselves at the hearing. Many witnesses don’t understand that they too may be ‘on trial’ in that their honesty, accuracy, reliability and credibility could all be challenged. Giving evidence involves seeking to communicate effectively, under pressure, within what is likely to be an unnatural and unfamiliar structured process. Without an understanding of how that process works witnesses can find themselves answering questions that were never asked, speculating rather than sticking to what they know happened, or trying to outwit the person asking the questions. Robin Somerville’s guide has been written to help inform people about these challenges and what you might look at doing to reduce your concerns. It explains what is likely to happen when you give evidence and how best to respond without descending into ‘coaching’ which is prohibited in legal proceedings in England and Wales. It also provides practical insight into how and why certain questions are asked, how documents may be used to test recollection, and how judges may evaluate what they hear. I commend this guide to anyone who is required to give evidence in court for the first time and wants to have their questions about the process answered." Leslie Cuthbert - Former Chair of the Solicitors Association of Higher Court Advocates, Witness Familiarisation trainer for a number of years, and author of 365 Daily Advocacy Tips.

About the Author: Robin Somerville is a direct access barrister (in England and Wales), CEDR accredited mediator and CEDR panel member, workplace investigator and arbitrator, and specialises in shareholder, company, board, partnership and business disputes. Prior to qualifying as a lawyer and mediator, Robin set up, grew and sucessfully sold three modest start-up businesses. He was also involved in his family's third-generation business, and was an equity holding director of one of the UK’s leading online price comparison websites for over 13 years. Robin also sits as a judge and arbitrator and was previously an Ombudsman at the Financial Ombudsman Service.