Where a statement of truth has been omitted (Hannigan v Hannigan All ER (D) 693 (May) LB Southwark v Warrell EWCA Civ 2083) or completed incorrectly (Law v St Margarets Insurances Ltd All ER (D) 97 (Jan)), the overriding objective means that a party should generally be allowed to put matters right rather than being struck out.ĭeliberately signing a false statement of truth is a contempt of court. There is a widespread suspicion that these requirements are not being taken as seriously as they should be. The solicitor's signature should mean that he has the client's authority to sign, that he has explained to the client that he will be confirming the client's belief in the truth of the statements concerned, and that the consequences of a false statement have been explained (see practice direction 22, paragraphs 3.7 to 3.10). The solicitor should sign in his own name and not that of the firm. So it appears that an attorney cannot sign a statement of truth.Ī solicitor may sign a statement of truth confirming that his client believes in the truth of the document in question. In Clauss v Pir Ch 267, it was held that this did not permit an attorney to swear an affidavit containing the evidence of the donor - in that case, an affidavit of documents. However, section 7 only authorises an attorney to do anything which the donor can lawfully do by an attorney. Section 7 of the Powers of Attorney Act 1971 might be taken to suggest that an attorney should be able to sign on behalf of the donor. If he persists in the practice, he will find the proceedings or statement of case struck out. If he is less lucky, the note will be copied to the client. Sometimes a managing agent or debt collector signs, describing himself as a 'litigation friend.' If he is lucky, he will receive a tart note inquiring whether his client is a child or a patient. There are special provisions in practice direction 22 dealing with trustees, partners and the Motor Insurers' Bureau.Ī managing agent may not sign - practice direction 22 3.11 - nor may a non-solicitor debt-collector. Practice direction 22, paragraph 3.1 is quite clear about who can sign: the party or his litigation friend, or the legal representative of the party or litigation friend.Ī responsible officer of a company may sign. So who can sign? A witness statement should obviously be signed by the witness.ĭifficulties seem to arise with statements of case and similar documents. It has to be said that in the county court, especially in certain road traffic cases, this principle is sometimes honoured in the breach. What is not permissible is to plead mutually contradictory claims, or claims which are unsupported by any evidence and are merely speculation or invention. In Clarke v Marlborough Fine Art (No 2) All ER (D) 286 (Nov), Mr Justice Patten allowed a claimant to plead alternative claims, provided that they were properly expressed as alternatives. The practice, condemned by Lord Woolf, of deliberately framing defences to keep all options open for as long as possible should have ceased. It is no longer proper to put forward a case in which you do not believe. The statement of truth has had a dramatic effect on statements of case. If a litigant wishes to rely on matters set out in his application notice as evidence, it must be verified by a statement of truth - practice direction 22 1.2. They include a statement of case and a witness statement. There is a special form of statement of truth for use at the end of an expert's report - practice direction 35 1.4.ĬPR, rule 22.1 and practice direction 22 specify the documents which must be verified by a statement of truth. The basic statement of truth is ' that the facts stated in this are true' - practice direction 22 2.1.Ī witness statement requires the words 'I believe that the facts stated in this witness statement are true' - practice direction 22 2.2. Yet it seems to be misunderstood and taken for granted. The ubiquitous statement of truth was probably the most significant innovation in the Civil Procedure Rules 1998 (CPR). District Judge Neil Hickman explains why statements of truth need to be taken more seriously
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