2020年5月18日
Disputes Quick Read – 53 / 78 观点
Disputes quick read: Mandatory changes to Statements of Truth
Parties to litigation are required to verify key documents such as statements of case and witness statements by a statement of truth. A person signing confirms that they believe the facts stated in the document are true. This was one of the significant innovations in the Civil Procedure Rules 1998. The purpose was to put an end to parties pursuing a case that they knew to be untrue or unsupported by evidence, or pleading aspirationally, hoping something might turn up in the course of the proceedings.
There was a sense among the judiciary that the real importance of statements of truth had been lost over time and so the Civil Procedure Rule Committee have made amendments. As of 6 April 2020, the statement of truth now expressly includes a reference to the maker of the statement understanding 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".
Now that the severe consequences of making a false statement are expressly spelt out (contempt of court is punishable by two years in prison), the court will have very little sympathy for a party, faced with an allegation of having made a false statement, claiming not to have understood the significance of the statement of truth and the need for an honest belief in the truth of the contents of the document being signed.
本系列内容
Disputes Quick Read: ClientEarth refused permission to pursue directors of Shell
2023年6月1日
作者 作者
Disputes Quick Read: Ethereum Merge - what legal issues arise?
2022年9月22日
作者 Ben Jones, Emma Allen
Disputes Quick Read: New obligations on cryptobusinesses to report under the UK sanctions regime
2022年8月9日
作者 Nick Maday
Disputes Quick Read: New gateway for serving Norwich Pharmacal Orders and Bankers Trust orders out of the jurisdiction
Welcome news for those pursuing fraud claims in the English Courts
2022年7月28日
Disputes Quick Read: Why the modernised LCIA rules are a welcome update
2020年10月7日
作者 Nick Storrs
Disputes Quick Read: Tomlin Orders – ensuring the confidentiality of settlement terms
2020年4月27日
作者 作者
Related Insights
What next for online marketplaces? Product safety and liability reforms in the UK and the EU
作者
OPSS announces radical reforms to the UK product safety regime
作者
