Choosing a Polish legal translator for documents intended to be used in proceedings before the courts of England and Wales involves more than simply finding someone who speaks both languages. 

One of the questions I am occasionally asked by instructing solicitors is whether documents intended for use in English court proceedings must be translated by a translator holding a particular UK accreditation.

For witness statements, the answer is often not what people expect.

Under the Civil Procedure Rules, where a witness statement is in a foreign language, the party wishing to rely on it must have it translated, file the original foreign language statement with the court, and the translator must sign the statement and certify that the translation is accurate. The rules do not generally prescribe that the translator must hold a particular UK translation qualification.

That reflects my own experience.

Before becoming a certified translator appointed by the Polish Ministry of Justice, I translated witness statements, Court of Protection documents and other litigation documents for use in proceedings in England and Wales. Those translations were accepted because they complied with the applicable procedural requirements and accurately reflected the original documents.

The real question, therefore, is often not whether a translator holds a particular qualification, but whether they understand the legal concepts they are translating.

Translation Is About Legal Meaning, Not Just Language

Speaking two languages is not the same as understanding litigation.

In cross-border cases, translators are regularly required to deal with concepts that have no direct equivalent in another legal system. A literal translation may be linguistically correct while still conveying the wrong legal meaning.

Over the years, I have seen a number of examples where a perfectly competent linguist struggled because the issue was not language—it was legal context.

In one conference with a Polish client, an interpreter translated the term interim payment in a way that completely missed the fact that the payments are made on account of damages.

Had nobody identified the error during the meeting, the client would have left believing they were entitled to receive that amount rather than understanding that it represented an advance payment deducted from any final compensation award.

On another occasion, procedural directions were translated simply as informal “instructions” from the court rather than recognising them as a specific procedural order governing the future conduct of the litigation.

These may appear to be small linguistic differences, but in practice they can fundamentally alter a client’s understanding of their case.

Why My Background Matters

I do not regard translation as a purely linguistic exercise.

Before qualifying as a certified translator in Poland, I had already spent many years working as a solicitor on catastrophic injury and Court of Protection matters in England and Wales.

That means I approach every translation by asking not only:

“What does this sentence say?”

but also:

“What does this legal concept actually mean within the context of English litigation?”

That perspective is particularly important when interpreting on conferences, or court documents and correspondence intended to be relied upon during legal proceedings.

Why a Polish Qualification Should Not Be Overlooked

I am a certified translator (tłumacz przysięgły) appointed by the Polish Ministry of Justice.

Obtaining that qualification requires candidates to pass a demanding state examination testing both legal translation and legal interpretation. It is a professional qualification recognised throughout Poland and carries statutory responsibilities.

Although the Civil Procedure Rules do not generally require a translator to hold that qualification before a translated witness statement can be relied upon in proceedings, I believe it provides instructing solicitors with an additional level of assurance that the work is being carried out by someone who has demonstrated both linguistic competence and legal understanding.

Combined with my qualification as a solicitor in England and Wales, it allows me to bridge two legal systems rather than simply translate between two languages.

Practical Considerations for Instructing Solicitors

When choosing a translator for litigation, I would encourage firms to consider more than language ability alone.

Questions worth asking include:

• Does the translator understand English civil litigation?

• Are they familiar with legal terminology used in your area of work?

• Can they recognise when a literal translation would distort the legal meaning?

• Are they able to communicate directly with Polish institutions if clarification is required?

In many cross-border matters, those practical considerations are every bit as important as the translation itself.

Why LSSP?

As a solicitor qualified in England and Wales, a certified Polish-English translator appointed by the Polish Ministry of Justice, and someone working regularly between the UK and Poland, I assist UK and US law firms with translations that form part of wider cross-border litigation support.

Whether attending conferences in the UK, liaising with institutions in Poland or translating documents for use in legal proceedings, my aim is not simply to produce an accurate translation, but to ensure that the legal meaning of the original document is preserved and that instructing solicitors can rely on the final product with confidence.

By Agnieszka (“Aggie”) Januszkiewicz
Solicitor (England & Wales) | Certified Polish-English Translator | Founder, LSSP

References

1. Civil Procedure Rules, Practice Direction 32 – Evidence, para 23.2.

2. Civil Procedure Rules, pt 32.

3. Ministry of Justice (Poland), Act of 25 November 2004 on the Profession of Certified Translator (Ustawa z dnia 25 listopada 2004 r. o zawodzie tłumacza przysięgłego).