(co-written by Rachel Reynolds, Solicitor, Shaun Piesley, Trainee Solicitor and Nicola Davies, Associate)
From the 6 April 2020 there will be important changes to the Civil Procedure Rules (‘’CPR’’) when it comes to signing a Statement of Truth. This article highlights these recent changes and discusses practical tips that should be considered before signing a Statement of Truth.
If you are involved in litigation proceedings, it is very likely that you will be asked at some stage to sign a document that includes a statement stating that the facts contained within the document are true; this is referred to as a statement of truth. This article briefly addresses the points you need to be aware of when it comes to signing a statement of truth as there is no mistaking it, there may be serious consequences if the facts are later found t to be incorrect.
Whether you are a claimant, a defendant, a witness or an expert, the CPR requires various documents to be verified by a statement of truth. These include statements of case, disclosure Statement, statement of costs and witness statements.
From the 6 April 2020 a statement of truth must now be in the following form (depending on the document being verified):
“I believe that the facts stated in [these/this] [Particulars of Claim/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.”
A failure to sign or knowingly signing a statement of truth which you know contains false evidence can negatively impact the success of your dispute. In addition, criminal proceedings may be brought against you or your company for doing so.
A statement of Truth must be signed by an individual regardless of whether the claimant or the defendant is a company. The only people who may sign for and on behalf of a company, are those holding a senior position such as a director or manager.
Certain circumstances will mean a solicitor may sign a statement of truth for and on behalf of their client if so instructed. However, it is advised that the client should always sign the statement of truth where possible.
The pitfalls of failing to sign a statement of truth means a document will remain effective unless struck out but the party may not rely upon the contents of the document until it has been verified by a signature (CPR 22.2). A failure to sign a statement of truth will not therefore automatically lead to your case being struck out but it will likely cause unnecessary delay in the litigation process.
A failure to sign a statement of truth may leave you exposed to application notices from the other side seeking the court’s permission for the case to be struck out on the basis that a document has not been verified in accordance with the CPR. Not only is the decision of whether your case is struck out left to the discretion of the judge, you will likely incur further legal costs in defending such an application.
Signing a statement of truth or allowing a solicitor to sign where you know that a document contains a false statement may lead to you being contempt of court (CPR 32.14). Being contempt of court is punishable by way of a fine or a maximum penalty of two years in prison. It is therefore critical that the statement of truth you are signing not only contains the correct information but you fully appreciate the contents of the document you are signing.
An example of such a penalty can be found in the case of Lloyds TSB Insurance Services Ltd and Another v Shanley  EWHC 4603 (ch). In this case, the High Court imposed a three month custodial sentence for civil contempt where a party fabricated a document to bolster a genuine case. This case highlights the seriousness of signing a statement of truth where you know it contains false information, leaving yourself open to proceedings being brought against you for being in contempt of court, a matter not to be taken lightly.
There are new provisions added to Practice Direction 22 which will mean the following:
Before signing a statement of truth, you should consider the following:
If you require assistance or clarification before signing a statement of truth, contact a member of the dispute resolution team who will be able to assist you further.