PART 22 - STATEMENTS OF TRUTH
| 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
(f) 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.
(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.
(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 do so in accordance with rule 22.1 to verify the document.
(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.)
