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This Part is referred to in: Part 07 (7.4), Part 08 (8.2), Part 15 (15.8), Part 16 (16.2), (16.5), (16.7), Part 17 (17.1), Part 18 (18.1), Part 23 (23.6), Part 32 (32.14), PDP 07 (7.1), PDP 07c (1.4), (1.4), PDP 07e (9.1), (9.3), PDP 08 (7.2), PDP 15 (2.1), (2.3), PDP 16 (11.1), PDP 17 (2.4), PDP 18 (3), PDP 20 (4.1), (4.2), PDP 21 (2.3), PDP 23 (13.2), PDP 24 (1.1), PDP 25 (30), PDP 32 (20.3), (21), (21), (26.3), PDP 35 (3.3), PDP 40 (3.3), PDP 40d (4.2), PDP 43 (1.5), (1.5), PDP 51c (9.1), PDP 55b (8.2), (8.3), (8.3), QB Guide - Chapter 4 (4.2), QB Guide - Chapter 5 (5.4), (5.4), Moat Housing Group South Ltd v Harris [156].
This Part is referred to in the following SIs: Court of Protection Rules 2007 (Notes), (194), (169).

See also Practice Direction 22

Part 22 STATEMENTS OF TRUTH

Contents of this Part
Title Number
Documents to be verified by a statement of truth Rule 22.1
Failure to verify a statement of case Rule 22.2
Failure to verify a witness statement Rule 22.3
Power of the court to require a document to be verified Rule 22.4
Documents to be verified by a statement of truth
22.1   
(1)     The following documents must be verified by a statement of truth –
(a)     a statement of case;
(b)     a response complying with an order under rule 18.1 to provide further information;
(c)     a witness statement;
(d)     an acknowledgement of service in a claim begun by way of the Part 8 procedure;
(e)     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);
(f)     a certificate of service; and
(g)     any other document where a rule or practice direction requires.
(2)     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)

(3)     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.
(4)     Subject to paragraph (5), a statement of truth is a statement that –
(a)     the party putting forward the document;
(b)     in the case of a witness statement, the maker of the witness statement; or
(c)     in the case of a certificate of service, the person who signs the certificate,

believes the facts stated in the document are true.

(5)     If a party is conducting proceedings with a litigation friend, the statement of truth in –
(a)     a statement of case;
(b)     a response; or
(c)     an application notice,

is a statement that the litigation friend believes the facts stated in the document being verified are true.

(6)     The statement of truth must be signed by –
(a)     in the case of a statement of case, a response or an application –
(i)     the party or litigation friend; or
(ii)     the legal representative on behalf of the party or litigation friend; and
(b)     in the case of a witness statement, the maker of the statement.
(7)     A statement of truth which is not contained in the document which it verifies, must clearly identify that document.
(8)     A statement of truth in a statement of case may be made by –
(a)     a person who is not a party; or
(b)     by two parties jointly,

where this is permitted by a relevant practice direction.

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].
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
22.2   
(1)     If a party fails to verify his statement of case by a statement of truth –
(a)     the statement of case shall remain effective unless struck out; but
(b)     the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2)     The court may strike out(GL) a statement of case which is not verified by a statement of truth.
(3)     Any party may apply for an order under paragraph (2).
This Rule is referred to in: PDP 22 (5).
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Failure to verify a witness statement
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
22.4   
(1)     The court may order a person who has failed to verify a document in accordance with rule 22.1 to verify the document.
(2)     Any party may apply for an order under paragraph (1).
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