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18 May 2020
Disputes Quick Read – 79 of 105 Insights
Disputes quick read: Mandatory changes to Statements of Truth
- QUICK READ
Parties to litigation are required to verify key documents such as statements of case and witness statements by a statement of truth. A person signing confirms that they believe the facts stated in the document are true. This was one of the significant innovations in the Civil Procedure Rules 1998. The purpose was to put an end to parties pursuing a case that they knew to be untrue or unsupported by evidence, or pleading aspirationally, hoping something might turn up in the course of the proceedings.
There was a sense among the judiciary that the real importance of statements of truth had been lost over time and so the Civil Procedure Rule Committee have made amendments. As of 6 April 2020, the statement of truth now expressly includes a reference to the maker of the statement understanding 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".
Now that the severe consequences of making a false statement are expressly spelt out (contempt of court is punishable by two years in prison), the court will have very little sympathy for a party, faced with an allegation of having made a false statement, claiming not to have understood the significance of the statement of truth and the need for an honest belief in the truth of the contents of the document being signed.
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22 January 2025
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Changes to the privilege rules between companies and shareholders
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New SFO Director announces bold plans to tackle fraud
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Pre-Action Protocols – what is different?
12 September 2023
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Failure to prevent fraud – a new offence?
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by Multiple authors
Supreme Court rules that APP fraud victims cannot rely on Quincecare Duty
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The Law Commission's Consultation Process on the Arbitration Act 1996 – taking stock
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Disputes Quick Read - What do practitioners think about making alternative dispute resolution (ADR) compulsory?
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Disputes Quick Read: What are the litigation trends for 2023?
2 March 2023
Disputes Quick Read: further guidance on witness statement preparation rules
14 February 2023
Disputes Quick Read: A cautionary tale – settlement agreement (un)wittingly releases all claims for fraud
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Disputes Quick Read: New gateway for serving Norwich Pharmacal Orders and Bankers Trust orders out of the jurisdiction
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Disputes Quick Read: Climate change litigation – successful challenge to government's Net Zero Strategy
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Disputes Quick Read: Judicial Review and Courts Act 2022 – now in force
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Disputes Quick Read: an important reminder of the duty to disclose electronic documents in native format
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Disputes Quick Read: ENRC prevails in claim against former solicitor
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Disputes Quick Read: The new witness statement preparation rules – a year on
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Disputes Quick Read: ClientEarth v Shell – climate change litigation shifts focus to UK companies
31 March 2022
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Disputes Quick Read: High Court rules that failure to provide adequate data security is not a positive act
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Disputes Quick Read: Key changes to the Disclosure Pilot Scheme
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Disputes Quick Read: Judicial Review and Courts Bill – unpacking the UK government's proposed amendments
6 September 2021
Disputes Quick Read: Will litigants be compelled to participate in alternative dispute resolution?
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Disputes Quick Read: Freezing injunctions – maximum custodial sentence imposed for breach
21 July 2021
Disputes Quick Read: The online future of civil justice – the end of the legal profession or the end of legal drudgery?
15 July 2021
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Disputes Quick Read: Will the courts change forever post-COVID?
26 May 2021
Disputes Quick Read: One Blackfriars administrators cleared of misfeasance
5 May 2021
Disputes Quick Read: Not your prerogative – the Independent Review of Administrative Law reports its recommendations on judicial review
21 April 2021
Disputes Quick Read: Amendments to the Disclosure Pilot Scheme – a step in the right direction
31 March 2021
Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
26 February 2021
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Disputes Quick Read: No dropping anchor – parent company liability for environmental claims
24 February 2021
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20 January 2021
Disputes Quick Read: Should you still choose the English courts to have jurisdiction in your international contracts after Brexit?
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Disputes Quick Read: Privilege lost in the EU post-Brexit (with exceptions)
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Disputes Quick Read: Law on interest applicable to US dollar awards reaffirmed
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Disputes Quick Read: Why the modernised LCIA rules are a welcome update
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Disputes Quick Read: High Court orders parties to explore options for 5-week remote trial
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Disputes Quick Read: Tomlin Orders – ensuring the confidentiality of settlement terms
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Disputes Quick Read: UK's OFSI fines Standard Chartered Bank £20 million for sanctions breaches
21 April 2020
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11 March 2020
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2 June 2020
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21 July 2020
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24 November 2021
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Disputes Quick Read: Court decisions on the Disclosure Pilot Scheme – the 2021 roundup
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22 March 2022
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