A significant amendment to the CPR was made on 6 April 2020 (the 113th update) dealing with witness evidence and statements of truth. With all that is happening in the world with the coronavirus this may have flown under the radar.
This overview is therefore relevant for all claims professionals who need to be aware of the new procedure and obligatory wording.
The two key updates are as follows:
1. Practice Direction 32 paragraph 18.1 (5) Evidence
You must confirm the process by which a statement has been prepared, for example, face-to-face, over the telephone, and/or through an interpreter”.
2. Practice Direction 22 Statements of Truth
Within this clause the main points to note are:
2.1 The form of the statement of truth verifying a statement of case, a response, an application notice 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 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:
‘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.”.
To access our full guide to these new provisions please click here.
If you would like to know more about this matter, please speak to your contact at Plexus Law:
Anthony Baker, Partner
T: 0113 4681 702 | M: 07811 545 321 | E: email@example.com