About the Book

For many people, giving evidence in court, tribunal or regulatory proceedings is one of the most stressful experiences they will ever face. Most witnesses are entirely unfamiliar with how questioning works, how cross-examination operates, how documents are introduced and used, and how judges actually evaluate credibility. Without an understanding of these processes, even honest and well-intentioned witnesses become confused, defensive or inaccurate under pressure, often damaging the very case they are giving evidence for.

Winning in the Witness Box explains how the process of giving evidence works and helps witnesses prepare themselves to give clear, accurate and reliable evidence. The aim is not to coach or rehearse evidence, which would be improper and counterproductive, but to help witnesses understand the structure and realities of the process so they can participate with composure and confidence. The book draws on Robin Somerville’s experience as a practising barrister who has cross-examined and observed witnesses across more than a thousand cases over twenty-five years, and as a trainer who has conducted witness familiarisation sessions for individuals and organisations preparing for court and tribunal proceedings.

What Professionals Say

“This practical guide on witness familiarisation equips witnesses with the understanding and confidence to be able to give their best evidence. In demystifying the process and providing useful tips this book is invaluable in providing an introduction to what to expect and what to do if you ever have to give evidence.” Leslie Cuthbert, Former Chair of the Solicitors Association of Higher Court Advocates and author of 365 Daily Advocacy Tips

Who This Book Is For

This book is written for witnesses preparing to give evidence in civil courts, employment tribunals or other formal proceedings, professionals appearing before regulatory bodies or disciplinary panels, employees involved in workplace investigations who may subsequently be required to give evidence, lawyers and HR professionals preparing witnesses for hearings, and organisations supporting staff who must give evidence in proceedings arising from the organisation’s activities. It covers both civil and criminal proceedings as well as employment and other tribunal hearings.

What the Book Covers

The book covers the full experience of being a witness from preparation through to giving evidence and leaving the witness box. It starts with the most fundamental question: what does it actually mean to win as a witness, and why the instinct to try to help the case by managing or shaping evidence is not only ethically wrong but practically self-defeating. It covers what the role of a witness is and what it is not, and why understanding the distinction is the foundation of giving good evidence.

A substantial part of the book is devoted to preparation: how to review documents and witness statements appropriately, what the ethical limits of preparation are, the critical distinction between witness familiarisation and witness coaching, and how to approach the day mentally and practically. The book then covers giving evidence in the witness box in detail, including the oath and affirmation, examination in chief, cross-examination, re-examination, and judicial questioning. It addresses the specific techniques that cross-examiners use, including proposition-based questioning, incremental narrowing, repetition, document deployment, silence and tempo control, explaining how each works and how to respond to each with discipline and accuracy rather than with resistance or argument. The book addresses how judges actually assess credibility, what they are looking for and what they are not primarily concerned with, and what the key behavioural indicators of reliable and unreliable evidence are in practice. A dedicated chapter addresses vulnerable, neurodivergent and anxious witnesses and the adjustments and support available to them. The book also covers civil court procedure, criminal court procedure, and employment and other tribunal proceedings.

Contents Overview

The book covers the importance of telling the truth and what winning means for a witness, understanding the role of a witness in adversarial proceedings, preparation before the hearing including document review and ethical boundaries, giving evidence in the witness box including the oath, examination in chief, cross-examination, re-examination and judicial questions, how judges and tribunals assess credibility and what makes evidence reliable or problematic, how to make the judge’s job easier and what behaviours undermine credibility, the civil court process and environment, the criminal court process and environment, and employment and other tribunal proceedings. Practical checklists are provided for each stage of the process.

The Distinction Between Familiarisation and Coaching

One of the most important contributions of the book is its clear treatment of the boundary between legitimate witness familiarisation and improper witness coaching. Witness familiarisation covers process: what the hearing looks like, how questioning works, what judges are looking for. Witness coaching covers substance: what to say, how to answer specific questions, how to characterise events. Coaching is improper and potentially unlawful. Familiarisation is legitimate and encouraged. The book explains precisely where the line is and why it matters, both ethically and practically, since over-prepared evidence is readily identifiable by experienced judges and consistently undermines credibility rather than strengthening it.

About the Author

Robin Somerville is a practising barrister, CEDR-accredited mediator and independent workplace investigator. He has cross-examined witnesses and assessed the credibility of evidence across more than a thousand cases over twenty-five years, in commercial litigation, employment proceedings, regulatory hearings and other formal proceedings. That experience informs every chapter of the book. He also provides witness familiarisation training for individuals and organisations preparing to give evidence. For more detail see his direct access barrister page.

Related Knowledge Resources

The book is accompanied by an extensive free knowledge guide on this website. The Witness Familiarisation Knowledge Guide covers all the main topics from the book in individual chapters, including what witness familiarisation training is, what it means to be an effective witness, preparing to give evidence, the distinction between witness coaching and ethical preparation, giving evidence in the witness box, cross-examination explained, credibility and what judges look for, supporting vulnerable, neurodivergent and anxious witnesses, and the civil court and tribunal process explained. Related resources include the witness familiarisation training page and the Workplace and Corporate Investigations Knowledge Guide.

Frequently Asked Questions

Is this book suitable for someone who has never given evidence before?

Yes. The book is written specifically for witnesses with no prior experience of court or tribunal proceedings. It explains every aspect of the process clearly, from the layout of a courtroom to the techniques used in cross-examination, and is designed to reduce the anxiety of the unknown by replacing it with a realistic understanding of what to expect.

Does the book help with cross-examination specifically?

Yes. Cross-examination is addressed in extensive detail. The book explains the structure and purpose of cross-examination, the specific techniques that advocates use including proposition-based questioning, incremental narrowing, repetition, selective quotation and silence, and how to respond to each of these with discipline and accuracy. The aim is not to teach witnesses how to evade questions but to help them understand what is happening so they are less shocked and more composed when it happens.

What is the difference between witness familiarisation and witness coaching?

Witness familiarisation covers the process of giving evidence: what hearings look like, how questioning works, what judges are looking for. Witness coaching covers substance: what to say, how to answer specific questions, how to characterise events. Coaching is improper and potentially unlawful. The book is explicitly a guide to familiarisation, not coaching, and it explains the boundary clearly throughout.

Does the book cover employment tribunals as well as civil courts?

Yes. The book covers civil court proceedings, criminal court proceedings, and employment and other tribunal hearings in dedicated chapters. It addresses the differences between each environment, the forms of address, the procedural rules, the role of panel members in tribunals, and the adjustments available for vulnerable or neurodivergent witnesses in each setting.

Does the book cover how judges actually assess credibility?

Yes. There is a substantial chapter on judicial and tribunal decision-making, including how judges approach witness evidence, what the indicators of reliable and problematic evidence are, how judges express their views on witnesses in judgments, what demeanour does and does not tell a judge, and what the key behaviours are that consistently build or undermine credibility in practice.

Can I get witness familiarisation training as well as the book?

Yes. Robin provides witness familiarisation training for individuals and organisations preparing to give evidence in civil courts, employment tribunals and other formal proceedings. Training is tailored to the specific proceedings and the needs of the individual or organisation. For more detail see the witness familiarisation training page.

Purchase

Price: £49.99

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Bulk purchase enquiries are welcome for law firms, organisations preparing witnesses and training programmes. Please contact Robin directly to discuss.

Other Books by Robin Somerville

• Shareholder Disputes: A Practical Guide for Business Owners, Directors and Family Businesses
• Winning at Commercial Mediation: A Business User’s Guide
• The Workplace and Corporate Investigator’s Handbook

See all books.

Get in Touch

If you need witness familiarisation training, or if you need a barrister to advise on or represent you in civil or tribunal proceedings, Robin would be glad to discuss your situation.

• Witness Familiarisation Training
• Direct Access Barrister

Call 020 4538 0246, use the contact form below, or book a call directly.

Important disclaimer: This page is provided for general information and educational purposes only and does not constitute legal advice. The content may not be legally accurate for your specific situation. You must not rely on anything on this page in respect of your legal rights. The law in this area relates to proceedings in England and Wales only. Always seek independent legal advice from a qualified specialist before taking or refraining from taking any action. The author accepts no responsibility for any decisions made or outcomes arising from use of this material. If you would like specific advice on your situation, contact Robin here.