PART 22STATEMENTS OF TRUTH
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 truthI122.1
F11
The following documents must be verified by a statement of truth—
a
a statement of case;
b
a response complying with an order under rule 18.1 to provide further information;
c
a witness statement;
d
an acknowledgement of service in a claim begun by way of the Part 8 procedure; F2...
e
a certificate stating the reasons for bringing a possession claim or a landlord and tenant claim in the High Court in accordance with rules 55.3(2) and 56.2(2); F3...
F4f
a certificate of service; 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.
(Part 17 provides for amendments to statements of case)
3
If an applicant wishes to rely on matters set out in his application notice as evidence, the application notice must be verified by a statement of truth.
4
Subject to paragraph (5), a statement of truth is a statement that—
a
the party putting forward the document; F5...
c
in the case of a certificate of service, the person who signs the certificate,
believes the facts stated in the document are true.
5
If a party is conducting proceedings with a litigation friend, the statement of truth in—
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 response 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.
Failure to verify a statement of caseI222.2
1
If a party fails to verify his 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 statementI322.3
If the maker of a witness statement fails to verify the witness statement 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 verifiedI422.4
1
The court may order a person who has failed to verify a document in accordance with rule 22.1 to verify the document.
2
Any party may apply for an order under paragraph (1).