statements of truth: template wording (witness statements, particulars of claim)

Statements of case (such as particulars of claim and defences) and witness statements must be verified by a statement of truth.

They’re not just a formality that the person signing the statement of case or witness statement has to sign a statement of truth.

Any document that is endorsed with a statement of truth is a serious statement to make.

You could call it a solemn declaration of truth, with legal consequences if it's not the truth.

Changes have recently been made to the template wording of statements of truth.

They’re not just words. The wording is intended to bring home the seriousness of what is said in the document to be signed.

Legal Statements of Truth

The underlying purpose of statements of truth is to require the person signing it to:

• ensure the person has a genuine belief in the truth of that what is said in the document
• bring home that the document must be checked carefully and verified
• ensure that the factual case which is being advanced on his behalf is true

The new wording of statements of truth (from 6 April 2020) has been made due for reasons that include:

1. the fundamental importance that courts place on statements of truth
2. the increasing laxity of documents verified with the old format of statement of truth
3. the increased danger that false evidence and allegations of fact bring to the outcome of legal cases, and
4. the interference with the proper administration of justice that false statements of truth brings: it undermines the integrity of the legal system.

So it’s important that those signing statement of truth know exactly what a statement of truth is and the legal effect that it has.

Particulars of Claim: Statement of Truth

The same rules which apply to statements of truth for particulars of claim apply to other statements of case as well. They include:

• Claim Forms
• Defences
• Counterclaims
• Reply to the Defences
• Further Information and Clarification
• Other types of statements of case

For the purposes of signing statements of case, there are two possibilities. Different formats apply depending on whether the litigant – the party to the case is:

1. an individual: when the litigant is an individual - aka a natural person or a human being, or
2. an incorporated entity: the litigant is a company, limited liability partnership or other form of incorporated entity

Here are some examples.

Statement of Truth Templates

Individuals

In the case of an individual who is the claimant, the format of the statement of truth is:

I believe that the facts stated in this [Title of Statement of Case] 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.

[signed]

…………………………………………….
[Name of the Claimant] or
[The Claimant’s Litigation Friend, [insert name] ] [date]

Companies and Incorporated Entities

When the claimant to litigation is a company or incorporated entity, a person authorised to sign it must sign the statement of truth on behalf of the party to the litigation as follows:

The Claimant believes that the facts stated in this [Title of Statement of Case] 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.

[signed]

…………………………………………….
[Full Name of the Claimant] or
[The Claimant’s Litigation Friend, [insert name] ] for and on behalf of the Claimant

[date]

Why the difference?

Obviously, a company or other incorporated entity can’t sign a witness statement. An incorporated legal entity is a legal fiction: it only exists in law, not in reality. You can't physically touch a company.

An individual must sign for the company or on its behalf.

Courts want to be able to identify the individual who endorsed the truth of the statement of case or application notice, even if it is signed for a company.

Defence Statements of Truth

The defence statement of truth has the same format as for the particulars of claim, because a defence is also a statement of case. Rather than say “Particulars of Claim” in the space allocated for the document title, it would say “Defence”, and in the space for signing, the person would be named as "The Defendant" when signing as an individual and "for and on behalf of the Defendant" if signing on behalf of a company.

Statement of Truth Example: Witness Statements

In witness statements, the format of the new template wording of the statement of truth is:

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.

[signed]

…………………………………………….
[Name of Witness] [date]

Wording of Statements of Truth

The wording of statements of truth does not mean that the deponent is saying that what is said is actually God’s own truth.

The statement of truth requires the deponent to endorse the document that:

• they have a genuine belief
• in the statements made in the (as the case may be):
  • witness statement
  • allegations of fact made in the statement of case, or
  • application notice

  It’s the belief in the truth of the statements made in the document which the deponent is signing up to.

  Genuine Belief in the Truth

  Factors which affect a court’s finding on that genuine belief include:

  • the reasonableness of the belief: the more outlandish the belief, the less likely it can be genuine
  • the objective evidence – usually documentary evidence (emails, messages, letters, reports, as the case may be) - to back up and support the belief, even if the documents aren’t included in the document being verified with the statement of truth
  • the reasons for forming the belief
  • any underlying motivation to not tell the truth.

  The same rules also apply to evidence used in application notices to support applications made to courts.

  In our experience, courts are tolerant of mistaken recollections and innocent oversights. But not dishonesty and an intention to mislead or deceive.

  Language and Date

  There are two additional requirements to signing witness statements and other court documents.

  The statement of truth must:

  • be in the witness’s own language, that is English, French, Arabic or other language.
  • be dated with the date on which it was signed.
    The date it is signed fixes the date of the belief.
    Forward-dating or back-dating a statement of truth is deceptive.

  Ideally, someone that understands a witness statement or statement of case to be verified with the statement of truth will take them through it to ensure they understand the factual allegations or evidence before the document is signed to ensure that:

  • they understand what is being said
  • anything that is not correct or potentially misleading is corrected
  • anything not within the witness’s own, direct knowledge is excluded, heavily qualified or supported with other evidence – ie corroborated (as the case may be).

  Who can sign a Statement of Truth?

  There are specific rules in the Civil Procedure Rules and Practice Direction dedicated with statements of truth. That is an indication of their importance.

  They set out the specific requirements for how a person can sign a statement of truth.

  Signing Statements of Case

  The persons that can sign a statement of truth are limited.

  Individuals

  In the case of a statement of case:

  1. the party or litigation friend: Where the litigant is an individual, this means the party to the litigation themselves. A litigation friend is the person who brings proceedings for children and protected persons; or
  2. the legal representative on behalf of the party or litigation friend.
     The legal representative is a solicitor who is on the record for the party in the litigation. Not just any solicitor.

  Companies and Corporations

  • companies and incorporated legal entities: a senior person must sign it.
    Senior persons are responsible officers for the company include:
    • a director of the company
    • the treasurer
    • the company secretary
    • chief executive
    • manager
    • companies which are not incorporated:
      • the mayor, such as the Corporation of London or a Local Council
      • chairman
      • president
      • town clerk, or
      • any of the officers set out immediately above (if any).
      • Partnerships: anyone or more of the partners, or a person which has control of the partnership business can sign the statement of truth on behalf of a partnership.
      • Persons that cannot read:special rules apply to accommodate.

      Make sure that the statement of truth does not appear on a page by itself - it should run on from the numbered paragraphs of the witness statement.

      Because it may lead to suspicion that the statement of truth was signed without the whole document and its exhibits prepared, complete and in front of the person signing it, when they signed it.

      Failure to Sign: Unsigned Particulars of Claim

      The consequences for failing to verify particulars of claim can be severe.

      Unsigned particulars of claim, defence or another statement of case remains effective, however:

      • the opposing party may make an application to strike out the particulars of claim or defence (and other unsigned statements of case).
        Once it is struck out, the entire claim or defence is struck out and the proceedings come to an end.
      • When an application is made, the party that has failed to verify the document with a statement of truth is more than likely to be required to pay the costs of the opposing party.
      • The party can’t rely on the statement of case as evidence until it is signed.

      Authority to Sign

      Anyone not specified in the Civil Procedure Rules does not authority to sign the statement.

      The authority to sign it can’t be delegated to someone else who is not authorised to sign it.

      Where there are multiple claimants or defendants, each of them should endorse their statements of case with a statement of truth, or a person authorised to do so. It is not acceptable if a party to litigation relies on a signature of another party to endorse their own particulars of claim or defence: they don’t have authority.

      Lack of Authority

      An entire case may be struck out for want of authority to commence the case.

      It can also be struck out as an abuse of process.

      If that were to happen, the claim or defence would be a nullity, and the other party would probably be entitled to recover their legal costs (if any).

      Likewise with a defence and/or counterclaim.

      The case can be struck out because:

      • the other party to the litigation is entitled to know who had authorised the issue of the claim form or defence (as the case may be)
      • the other party is entitled to know what the other party alleges in its case: it must come from an authorised person, whose business it is to know. Not some third person unrelated to the litigation, and not authorised to verify the truth of facts alleged in the case
      • it prevents misuse of courts which is unfair to the other parties in the litigation
      • do not do so would bring the administration of justice into disrepute among right-thinking people.

      Abuse of Process

      Also, it’s also likely to be an abuse of the process of the court to rely on a statement of case to support a case.

      The Civil procedure Rules makes it pretty clear.

      The court may strike out a statement of case if it appears to the court:

      (a) …

      (b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

      (c) that there has been a failure to comply with a rule, practice direction or court order.

      Again, the strike out application would probably bring an end to the case if it was successful.

      Signing Witness Statements

      In the case of witness statements, the maker of the witness statement must sign it, unless a specific rule of court allows otherwise. There is an exception for people that cannot read: ie the illiterate or blind.

      Unsigned Witness Statements

      If a person who makes a witness statement does not sign the statement of truth, it carries no weight, because it is not endorsed with the statement of truth which gives it its credibility.

      Does a statement of truth need to be witnessed?

      Statements of truth don’t need to be witnessed.

      Affidavits however do. Affidavits use a different format for signing, known as a jurat.

      Lying in a statement of truth

      As you know, in everyday language lying is deliberately not telling the truth. The maker of the statement knows they are lying. It can be quite difficult to actually show with compelling evidence that a person lies about what they say.

      But what is lying for the purposes of not having a belief of the statements made in a statement of case or a witness statement?

      A reference point is the test for dishonesty – in legal language, fraud.

      • Proving fraud does not require an intention to lie.
      • It is good enough of the maker of the statement did not care one way or the other whether the statement was true or not: ie recklessness.

      That however is not the test with statements of truth.

      The relevant test:

      • is whether the person has a genuine belief in the truth
      • is a subjective test, rather than an objective test
      • requires that the person verifying the document to have no honest belief in truth of what is said in the document.

      False Statements of Truth

      traffic-light-red

      Statements of truth were introduced into legal proceedings to stop:

      • cases based on false statements of fact or unsupported by evidence
      • cases which were structured in the hope that evidence would turn up at disclosure, or in evidence at trial that would set the litigant up to win the case
      • allegations which are untrue or which the party is unable to say are true.
      • untruthful or fictitious claims

      The wording for statements of truth means that:

      • the factual basis for the cause of action must exist at the time the case is commenced. This in turn means that there must be evidence to support the allegation
      • a pleaded defence must likewise plead facts which are supported by evidence
      • cases which rely on allegations which are not true or on facts which there is no belief in the truth should not be commenced in the first place.
        There is no belief in the facts stated.

      Court recognise however that not only one case can be advanced by claimant or defendant, and different evidence may lead to different factual conclusions. So it is possible to maintain one than one belief. Litigants are not asked to decide what the facts mean. They’re just required to state them.

      However, the alleged facts and evidence are to be assessed is for the court to decide at the trial.

      The available evidence may not lead to a single factual possibility. The final outcome can only be established, if at all, at the trial after the judge has heard all of the evidence.

      A person signing a witness statement that says that they:

      • saw something
      • heard something
      • read something
      • did something, or

      when they did not is not OK.

      If that is what is done in statement of case, witness statement or affidavit evidence, it may lead to a charge of contempt of court.

      Contempt of Court

      If someone is putting you pressure to sign a statement that you can't stand by, you need to think again. It must not contain any statement you do not believe to be true.

      Nor should you pressured to provide anything other than a truthful account of the evidence you are able to give. The other party may have evidence which conflicts with what you say. You need to be able to stand by what you say.

      Proceedings for contempt of court may be brought against a person if they make, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

      The sanction for making a false witness statement or particulars of claim – or other document verified by a statement of truth is contempt of court.

      It’s treated quite seriously.

      So serious is making false particular of claim, defence or witness statement (they’re the main ones) that the CPR states that penalties apply for making a false document.

      In the case where a document contains a false statement, and the document is verified with a statement of truth:

      • Proceedings for contempt of court may be brought against a person if they make, or cause to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
        As the wording of statements of truth makes clear, signing a false witness statement or statement of case is a contempt of court.
      • The procedure in CPR 81 applies for the court procedure to bring the application for contempt of court.
        It applies to:
        • false statements of case
        • false witness statements, including false disclosure statements and those in application notices

        Proceedings may be brought by the Attorney General or with the permission of the Court. The procedure in the event of signing a false statement appears at CPR 81.17 and 81.18.

        Consequences of Contempt of Court

        Contempt of court in the context of statements of truth means that a person interferes with the administration of justice: it interferes with:

        • the function of courts, and
        • the integrity of the legal system.

        Any number of consequences can follow from a finding of contempt of court.

        That could mean any one or more of the standard sanctions for contempt may be imposed by a court, which could include:

        1. a fine: being imposed to be paid by the contemnor;
        2. sequestration of property: that is, confiscation of property;
        3. custodial sentence: a jail term – imprisonment for up to 2 years.

        The type of sanction and the scale of the sanction depends on the seriousness of the departure that the maker of the statement had in the departure from what was required: to tell the truth.

        The longest custodial sentence that we have seen for endorsing a document with a statement of truth when the maker did not have a genuine belief of the truth of what was said 3 months in prison.

        What is the Statement of Truth that experts have to sign?

        Expert evidence is endorsed with a purpose-built statement of truth.

        As with the normal form of statements of truth, the expert will want to be in a position to standby every word that they say in their witness statement.

        • I understand my duty in providing written reports and giving evidence is to help the Court, and that this duty overrides any obligation to the party by whom I am engaged or the person who has paid or is liable to pay me. I confirm that I have complied and will continue to comply with my duty.
        • I confirm that I have not entered into any arrangement where the amount or payment of my fees is in any way dependent on the outcome of the case.
        • I know of no conflict of interest of any kind, other than any which I have disclosed in my report.
        • I do not consider that any interest which I have disclosed affects my suitability as an expert witness on any issues on which I have given evidence.
        • I will advise the parties between the date of my report and the trial, if there is any change in circumstances which affect my answers to the points above.
        • I have shown the sources of all information I have used.
        • I have exercised reasonable care and skill in order to be accurate and complete in preparing this report.
        • I have endeavoured to include in my report those matters, of which I have knowledge or of which I have been made aware, that might adversely affect the validity of my opinion. I have clearly stated any qualifications to my opinion.
        • I have not, without forming an independent view, included or excluded anything which has been suggested to me by others, including my instructing solicitors.
        • I will notify those instructing me immediately and confirm in writing if, for any reason, my existing report requires any correction or qualification.
        • I understand that:
          1. My report will form the evidence to be given under oath or affirmation;
          2. Questions may be put to me in writing for the purposes of clarifying my report and that my answers shall be treated as part of my report and covered by my statement of truth.
        • I am likely to be the subject of public adverse criticism by the judge if the Court concludes that I have not taken reasonable care in trying to meet the standards set out above.
        • I have read and understood Part 35 of the Civil Procedure Rules, the accompanying practice direction and the Guidance for the instruction of experts in civil claims and I have complied with their requirements.

        Tips to prior to Signing

        It is the responsibility of the person signing the statement of truth to:

        • read the document that the statement of truth will verify
        • understand the document
        • change anything that:
          • does not say what they believe, having reference to documentary evidence
          • is misleading
          • is not true

          That applies even if someone else prepares a witness statement or statement of case.

          It’s your document once you sign it.

          These matters are not just matters for solicitors and lawyers: it is the person verifies the document with a statement of truth that is responsible for it and on the hook: whether they:

          • write it or not
          • they’ve read it or not
          • understand it or not

          If the person who is to sign a statement of truth doesn’t have an honest belief in the truth of what is said, they shouldn’t sign it.

          It’s that simple.

          Conclusion

          Overall, statements of truth are pretty simple. All you need to do is tell the truth in the document that it verifies.

          Sure, a lot can be at stake in litigation. And the stakes are high.

          But the not telling the truth in a document supported by a statement of truth can make a bad situation worse. Much worse.

          The changes (6 April 2020) to the wording of statements of truth have not come out by mistake. A litany of cases have passed through the courts in recent years citing litigants’ and witnesses’ propensity not to tell the truth.

          Now the consequences of not telling the truth are all the more apparent by the change of wording, by the reference to contempt of court.

          The change of wording probably also means that the courts will be far less reluctant to impose penalties for the contempt caused by:

          • making up allegations of fact to support a case when they just didn’t happen
          • manufacturing evidence to support a case, whether the case is good or bad in the first place
          • third parties enticing, inducing or otherwise playing a part in witness making a false witness statement, a false particulars of claim, false defence, or other statement of case
          • intentionally doing the wrong thing.

          So long as a genuine belief of the truth is held at the time of signing the problems are reduced. But it should be supported by evidence of some sort, whether or not it is referred to in the document verified.

          Signing particulars of claim, defences, witness statements is not something to be taken lightly.