See also Practice Direction
22
Part
22
STATEMENTS OF TRUTH
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Documents to be verified by a statement of
truth
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22.1 |
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The following documents must be verified by a statement
of truth –
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a response complying with an order under rule
18.1 to provide further information;
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an acknowledgement of service in a claim begun by
way of the Part 8 procedure;
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a certificate stating the reasons for bringing a
possession claim or a landlord and tenant claim in the High Court in accordance
with rules 55.3(2) and 56.2(2);
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any other document where a rule
or practice direction requires.
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Where a statement of case is amended, the amendments
must be verified by a statement of truth unless the court orders
otherwise.
(Part 17 provides for amendments to statements of
case)
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If an applicant wishes to rely on matters set out in
his application notice as evidence, the application notice must be verified by
a statement of truth.
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| | (4)
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Subject to paragraph (5), a statement of truth is a
statement that –
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the party putting forward the document;
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in the case of a witness statement, the maker of
the witness statement; or
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believes
the facts stated in the document are true.
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If a party is conducting proceedings with a litigation
friend, the statement of truth in –
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an application notice,
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is a statement that the litigation friend believes the
facts stated in the document being verified are true.
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The statement of truth must be signed by –
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in the case of a statement of case, a response or
an application –
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the party or litigation friend; or
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the legal representative on behalf of the
party or litigation friend; and
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in the case of a witness statement, the maker of
the statement.
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| | (7)
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A statement of truth which is not contained in the
document which it verifies, must clearly identify that document.
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| | (8)
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A statement of truth in a statement of case may be made
by –
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a person who is not a party; or
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by two parties jointly,
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where this is permitted by a relevant practice
direction.
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| This Rule is referred to in: Part 54 (54.28A), Part 55 (55.22), (55.3), Part 56 (56.2), PDP 22 (1.1), (5), Comm Ct Guide - Pt B (B3.7), (B3.7), Comm Ct Guide - Pt C (C1.6), (C5.2), Comm Ct Guide - Pt F (F7.3), Agassi v Robinson [52], Korea National Insurance Corporation v Allianz Global Corproate & Speciality AG [34], S&N v Raguz [60], Sowerby v Charlton [11]. |
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This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 2) Rules 2001 (11), Civil Procedure (Amendment No. 3) Rules 2001 (4), (Notes), Civil Procedure (Amendment No. 4) Rules 2004 (4), (4), (Notes), Civil Procedure (Amendment No. 4) Rules 2005 (12), Civil Procedure (Amendment No. 5) Rules 2001 (16), Civil Procedure (Amendment) Rules 2001 (11), (32), (32), Civil Procedure (Amendment) Rules 2002 (36). |
Amendments to Rule 22.1 w/e from 31 May 2001 and 16 October 2001,
New text in item (c) added to the list in sub-paragraph (4)
w/e from 1 April 2005,
Note that 22.1(d) was added w/e from 15 Oct 2001 and that 22.1(e) was added w/e from 1 May 2001,
Rule 22.1 amended w/e from 25 March 2002,
Text of Rule 22.1(1) amended w/e from 15 October 2001. |
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Failure to verify a statement of case
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22.2 |
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If a party fails to verify his statement of case by a
statement of truth –
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the statement of case shall remain effective
unless struck out; but
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the party may not rely on the statement of case
as evidence of any of the matters set out in it.
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The court may strike out(GL) a
statement of case which is not verified by a statement of truth.
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Any party may apply for an order under paragraph
(2).
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Failure to verify a witness statement
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22.3 |
If the maker of a witness statement fails to verify the
witness statement by a statement of truth the court may direct that it shall
not be admissible as evidence.
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Power of the court to require a document to be
verified
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22.4 |
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The court may order a person who has failed to verify a
document in accordance with rule 22.1 to verify the document.
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| | (2)
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Any party may apply for an order under paragraph
(1).
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