The Civil Procedure (Amendment No. 3) Rules 2023

Amendment of Part 22

13.—(1) In rule 22.1—

(a) for paragraph (1) substitute—

“(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.”;

(b) omit the words in parentheses after paragraph (2);

(c) in paragraph (3)—

(i) for “his” substitute “their”; and

(ii) for “the application notice” substitute “it”;

(d) for paragraphs (4) and (5) substitute—

“(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.”;

(e) in paragraph (6)(a), for “response” substitute “notice of objections to an account being taken by the court”; and

(f) after paragraph (8) insert—

“(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.”.

(2) In rule 22.2(1), for “his” substitute “their”.

(3) In rule 22.3, for “the witness statement” substitute “it”.

(4) In rule 22.4—

(a) in paragraph (1), for “verify the document” substitute “do so”; and

(b) after paragraph (2) insert—

“(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.)”.