A recent High Court case has highlighted the critical importance of accurate interpreting and translation services in legal proceedings. A solicitors’ firm faced reprimand after a client’s inability to speak English was revealed during cross-examination.
Clients Joginder Singh and Tarsem Singh had brought claims against Rajinder Kalia, the founder and priest of a Coventry temple dedicated to a Hindu deity, seeking restitution and equitable compensation for financial outlays and loan agreements with Kalia’s business. In addition, they also claimed compensation for travel costs to India and unpaid work. Kalia denied all claims, asserting that any unpaid work was voluntary ‘seva’ (a devotional duty of unpaid work made to the deity).
However, on 4 July, during the High Court proceedings, Joginder Singh’s testimony revealed a significant issue. As he was cross-examined by Sarah Crowther KC, it became apparent that Singh could not speak English! His witness statement, affirmed in English, was rendered meaningless as he required an interpreter to communicate in his native Punjabi.
Mr Justice Martin Spencer, delivering judgment in Rashpal Samrai & Ors v Rajinder Kalia, stated: “In the course of Mr Singh’s evidence it became clear that, although his witness statement is in English and he affirmed its accuracy, he cannot in fact speak English at all. His only language is Punjabi. Indeed, he said through an interpreter that he cannot read or write at all.”
Mrs Singh was in a similar position. The judge speculated, and emphasised this was just speculation, that the solicitors may have engaged with the claimants through their daughter, remarking, “If that is the case it seems to me at first blush that the solicitors have not done their duty appropriately in this case in that they have not engaged directly with the claimants, they have not established that which ought to have been established well in advance of this trial in relation to their ability to read and speak English, and this should have been raised at the pre-trial review so that appropriate steps could be taken.”
Justice Spencer further criticised the situation, stating, “For this to have arisen in the course of cross-examination of Mr Singh by Ms Crowther is wholly unacceptable and, I agree, amounts to a virtual contempt of the proceedings of this court. In those circumstances, it would be quite wrong for me to exercise my discretion to give the claimants any sort of indulgence, given also the wasted costs which that would entail.”
As a result, the claims brought by Joginder Singh and Tarsem Singh were struck out.
The Importance of Accurate Interpreting and Translation Services
This case underscores the vital role of accurate interpreting and translation services in the legal field.
Miscommunications and misunderstandings can lead to severe consequences, including the dismissal of legitimate claims and unnecessary legal costs.
Solicitors must ensure that their clients fully understand and can participate in legal proceedings, regardless of language barriers.
At IMD Translation, we specialise in providing precise and reliable interpreting and translation services across all legal practice areas, including CPR compliant witness statements.
Our expertise ensures that language is never a barrier to justice. By partnering with us, solicitors can safeguard their clients’ interests and uphold the integrity of legal proceedings.
Because in Legal Matters, Language Matters.