New Statement of Truth: Witness Statements, Statements of Case & Court Forms
6th April 2020
New Statement of Truth: Witness Statements, Statements of Case & Court Forms
Who should read this?
- Private Landlords, Estate Agents and Letting Agents, Social Housing Providers, Executive Teams, Boards, Income, Housing Management and Tenancy Enforcement Teams
What has been announced?
- As of 6 th April 2020 an amended version of the Statement of Truth is required on all Witness Statements, Statements of Case (E.g. Particulars of Claim, Defence, Reply) and Court Forms (E.g. Claim Form for Possession, Application Notice and Certificate of Service). This is brought about by the 113th update to the Civil Procedure Rules 1998.
- A link to the Practice Direction 22 amendments can be found here https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/update/cpr-113th-pd-update.pdf
- Part 22 of the Civil Procedure Rules can be found here https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part22
- Court Forms for the County Court can be found here https://www.gov.uk/government/collections/county-court-forms
What does the update mean?
- Pursuant to Part 22.2 CPR, if a Statement of Case is not verified with a Statement of Truth then it cannot be relied upon as evidence and the Court may strike it out.
- Pursuant to Part 22.3 CPR, if a Witness Statement is not verified with a Statement of Truth then the court may direct that it is not admissible as evidence.
- If the correct wording on a Statement of Truth is not used then a witness statement or statement of case may not be allowed, and the case may be struck out.
What does this mean for Private Landlords and Social Housing Providers?
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As of 6th April 2020, and Witness Statement or Statement of Case will need to have the correct wording, shown below. The Court Forms website will provide updated forms to be used, or if a particular Legal Form Provider is subscribed to then check that forms are updated. It has always been the case that signing a Statement of Truth without an honest belief in its truth was a contempt of court matter. The new wording simply reinforces this point.
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Witness Statement – “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.”
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Statement of Case/Application Notice – “[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.”How can we help?
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Our Housing and Regeneration Team is available to offer you help and advice on general matters flowing from the above or in relation to any specific cases you may have.
If you have any questions please contact Phillip Coburn on the details provided below
Phillip Coburn
Phillip is a highly experienced Solicitor with varied specialisms in housing, public law and civil litigation. Phillip has a robust knowledge of both social and private housing and is able to advise local authorities and tenants on a multitude of contentious and non-contentious matters.
