PRACTICE DIRECTION 22 – STATEMENTS OF TRUTH

This Practice Direction supplements CPR Part 22

Contents of this Practice Direction

Title
Documents to be verified by a statement of truth
Form of the statement of truth
Who may sign the statement of truth

Documents to be verified by a statement of truth

1.1

In addition to those documents expressly referred to in any rule or practice direction, the following documents must be verified by a statement of truth:

(1) an application notice for –

(a) a third party debt order (rule 72.3);

(b) a hardship payment order (rule 72.7); or

(c) a charging order (rule 73.3);

(d) a certificate of reasons for bringing a claim for possession or a landlord and tenant claim in the High Court (rules 55.3(2), 55.32(2) and 56.2(2));

(2) a notice of objections to an account being taken by the court, unless verified by an affidavit or witness statement;

(3) a schedule or counter-schedule of expenses and losses in a personal injury claim, and any amendments to such a schedule or counter-schedule, whether or not they are contained in a statement of case;

(4) an expert’s report.  For the form of the statement of truth verifying an expert’s report (which differs from that set out below) see Practice Direction 35.

1.2 Where the form to be used includes a jurat for the content to be verified by an affidavit then a statement of truth is not required in addition.

Back to top

Form of the statement of truth

2.1 The form of the statement of truth verifying a statement of case, an application notice, a certificate of reasons or a notice of objections should be as follows:

‘[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. [I understand] [The (claimant or as may be) understands] 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.’

2.2 The form of the statement of truth verifying a witness statement should be as follows (and provided in the language of the witness statement):

‘I believe that the facts stated in this witness statement 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.’

2.3 The form of the statement of truth verifying a costs budget should be as follows:

‘This budget is a fair and accurate statement of incurred and estimated costs which it would be reasonable and proportionate for my client to incur in this litigation.’

2.4 The form of the certificate to be used under rule 22.1(9) where a person is unable to read or sign a document to be verified by a statement of truth should be as follows:

I certify that I [name and address of authorised person] have read over the contents of this document and the declaration of truth to the person approving the document [if there are exhibits, add ‘and explained the nature and effect of the exhibits referred to in it’] who appeared to understand (a) the document and approved its content as accurate and (b) the declaration of truth and the consequences of making a false declaration, and made their mark in my presence

2.5 Where the statement of truth is contained in a separate document, the document containing the statement of truth must be headed with the title of the proceedings and the claim number. The document being verified should be identified in the statement of truth as follows:

(1) claim form: ‘the claim form issued on [date]’,

(2) particulars of claim: ‘the particulars of claim issued on [date]’,

(3) statement of case: ‘the [defence or as may be] served on the [name of party] on [date]’,

(4) application notice: ‘the application notice issued on [date] for [set out the remedy sought]’,

(5) witness statement: ‘the witness statement filed on [date] or served on [party] on [date]’.

2.6 The statement of truth verifying a witness statement must be in the witness’s own language.

2.7 A statement of truth must be dated with the date on which it was signed.

Back to top

Who may sign the statement of truth

3.1 Where a document is to be verified on behalf of a company or other corporation, subject to paragraph 3.4 to 3.6 below, the statement of truth must be signed by a person holding a senior position4 in the company or corporation. That person must state the office or position held.

3.2 Each of the following persons is a person holding a senior position:

(1) in respect of a registered company or corporation, a director, the treasurer, secretary, chief executive, manager or other officer of the company or corporation, and

(2) in respect of a corporation which is not a registered company, in addition to the people set out in (1), the mayor, chair, president or town clerk or other similar officer of the corporation.

3.3 Where the document is to be verified on behalf of a partnership, those who may sign the statement of truth are:

(1) any of the partners, or

(2) a person having the control or management of the partnership business.

3.4 An insurer or the Motor Insurers’ Bureau may sign a statement of truth in a statement of case on behalf of a party where the insurer or the Motor Insurers’ Bureau has a financial interest in proceedings brought by or against that party. Paragraphs 3.1 and 3.2 apply if the insurer is a company.

3.5 If insurers are conducting proceedings on behalf of many claimants or defendants a statement of truth in a statement of case may be signed by a senior person responsible for the case at a lead insurer, but–

(1) the person signing must specify the capacity in which they signs;

(2) the statement of truth must be a statement that the lead insurer believes that the facts stated in the document are true; and

(3) the court may order that a statement of truth also be signed by one or more of the parties.

3.6 Where a party is legally represented, the legal representative may sign the statement of truth on their behalf. The statement signed by the legal representative will refer to the client’s belief, not their own. They must state the capacity in which they sign and the name of their firm where appropriate.

3.7 Where a legal representative has signed a statement of truth, their signature will be taken by the court as their statement that:

(1) the client on whose behalf they have signed had authorised them to do so,

(2)  before signing they had explained to the client (through an interpreter where necessary) that in signing the statement of truth they would be confirming the client’s belief that the facts stated in the document were true, and

(3) before signing they had informed the client of the possible consequences to the client if it should later appear that the client did not have an honest belief in the truth of those facts (see rule 32.14).

3.8 The individual who signs a statement of truth must print their full name clearly beneath their signature.

3.9 A legal representative who signs a statement of truth must sign in their own name and not that of their firm or employer.

3.10

(1) A “manager” of a company should hold a senior position and have personal knowledge of the content of the document or be responsible for managing those who do.  The court will consider the size and nature of the claim and of the company.

(2)  A “legal representative” is defined in rule 2.3(1).  A person within that definition who is employed by a party may sign a statement of truth.  A person employed by a party who is not within the definition but is managed by someone who is, may not.

(3) An employee of a solicitor or firm of solicitors in private practice representing a party is within the definition of “legal representative” in rule 2.3(1) and may sign a statement of truth.

(4) An agent who manages property or investments for a party cannot sign a statement of truth.  It must be signed by the party or by the legal representative of the party.

Footnotes

  1. See rule 22.1(3). Back to text
  2. See Part 21 (Children and Protected Parties). Back to text
  3. See rule 2.3 for the definition of legal representative. Back to text
  4. Paragraph 6.2 of Practice Direction 6A sets out the meaning of ‘senior position’. Back to text
  5. See rule 22.2(1). Back to text
Ministry of Justice

Contact

Get email alerts
Find a form
Find a court form