Amendments to Statements of Truth - PD22 para. 2


6th April 2020

There is a far reaching but little known update to the form of statements of truth that is due to come into force on 6 April 2020. The 113th Update to the Practice Direction to the CPR implements amendments to statements of truth that we are all familiar with. The amended statement of truth must state (amendment emboldened):

“[I believe] [the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”.

The above is applicable in all documents that are required to be verified by a statement of truth. It goes without saying that litigators must be alert to bringing or defending applications preventing reliance on pleadings, witness statements, etc. and even strike out application due to failure to follow the amended practice direction. The greatest risk/opportunity exists in interim applications like summary judgment applications: where non-solicitor witnesses might not be present, but their witness statement evidence is being relied on.

 

Kind Regards,

New Square Chambers.


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