Part 22 STATEMENTS OF TRUTH
See also Practice Direction 22
| Title | Number |
|---|---|
| Documents to be verified by a statement of truth | Rule 22.1 |
| Failure to verify a statement of case | Rule 22.2 |
| Failure to verify a witness statement | Rule 22.3 |
| Power of the court to require a document to be verified | Rule 22.4 |
Documents to be verified by a statement of truth
22.1
(1) The following documents must be verified by a statement of truth— –
(a) a statement of case;
(b) a witness statement;
(c) an acknowledgement of service in a claim using the Part 8 procedure;
(d) a certificate of service;
(e) a contempt application under Part 81; and
(g) any other document where a rule or practice direction requires.
(2) Where a statement of case is amended, the amendments must be verified by a statement of truth unless the court orders otherwise.
(3) If an applicant wishes to rely on matters set out in their application notice as evidence, it must be verified by a statement of truth.
(4) A statement of truth is a statement that the maker believes the facts stated in the document to which the statement refers are true. –
(a) the party putting forward the document;
(b) in the case of a witness statement, the maker of the witness statement; or
believes the facts stated in the document are true.
(5) If a party has a litigation friend, the statement of truth in a statement of case or an application notice is a statement that the litigation friend believes the facts stated in it are true –
(a) a statement of case;
(b) a response; or
(c) an application notice,
is a statement that the litigation friend believes the facts stated in the document being verified are true.
(6) The statement of truth must be signed by –
(a) in the case of a statement of case, a notice of objections to an account being taken by the court or an application –
(i) the party or litigation friend; or
(ii) the legal representative on behalf of the party or litigation friend; and
(b) in the case of a witness statement, the maker of the statement.
(7) A statement of truth which is not contained in the document which it verifies, must clearly identify that document.
(8) A statement of truth in a statement of case may be made by –
(a) a person who is not a party; or
(b) by two parties jointly,
where this is permitted by a relevant practice direction.
(9)Where a document containing a statement of truth is to be signed by a person who is unable to read or sign the document other than by reason of language alone—
(a)it must contain a certificate made by an authorised person (who is able to administer oaths and take affidavits but need not be independent of the parties or their representatives); and
(b)the authorised person must certify that—
(i)the document has been read to the person approving it;
(ii)that person appeared to understand it and approved its content as accurate;
(iii)the declaration of truth has been read to that person;
(iv)that person appeared to understand the declaration and the consequences of making a false declaration; and
(v)that person signed or made their mark in the presence of the authorised person
Failure to verify a statement of case
22.2
(1) If a party fails to verify their statement of case by a statement of truth –
(a) the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph (2).
Failure to verify a witness statement
22.3
If the maker of a witness statement fails to verify it by a statement of truth the court may direct that it shall not be admissible as evidence.
Power of the court to require a document to be verified
22.4
(1) The court may order a person who has failed to verify a document in accordance with rule 22.1 to do so.
(2) Any party may apply for an order under paragraph (1).
(Rule 32.14 states that verifying a statement of case containing a false statement without an honest belief in its truth may result in proceedings for contempt of court.)