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
F31
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.
F1...
3
F44
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 F7notice 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.
F29
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 caseI222.2
1
If a party fails to verify F8their 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 F9it 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 F11do so.
2
Any party may apply for an order under paragraph (1).
F10(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.)