Housing Barrister and Deputy District Judge Robert Brown reminds us all of a change in the Civil Procedure Rules (CPR)
Give it up and tell the truth …
With all that is going on at the moment, changes to the Civil Procedure Rules are probably not the priority for many people.
Even those who are avid fans of new procedural rules may be struggling to keep up with the rapid changes in the rules to reflect the response of the civil courts to the current pandemic. Of these, CPR Practice Direction 51Z, which provides for a stay on nearly all possession proceedings until 25 June 2020, is doubtless the most important for landlords.
It is perhaps easy to lose sight of significant changes that were announced some time ago. One of these, which came into effect on 6 April 2020, will require a change to most court documents that landlords and tenants submit.
About the changes:
Every statement of case (e.g., Particulars of Claim, Defence), every witness statement, and every certificate of service needs to have a signed statement of truth at the end of it (there are several other categories of documents requiring a statement of truth, see CPR Part 22).
The wording for a statement of truth is set out in the CPR. This wording changed on 6 April 2020. It can be found in CPR Practice Direction 22.
For Particulars of Claim, the wording is now:
“[I believe][the claimant believes] that the facts stated in this Particulars of Claim 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.”
For a Defence, the wording is now:
“[I believe][the defendant believes] that the facts stated in this Defence 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.”
For witness statements, the required wording 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.”
What the new rules also say:
The statement of truth must be dated with the date on which it is signed. For a statement of truth on a witness statement, it must be in the witness’s own language.
The revised wording is intended to bring home the significance of signing a statement of truth. CPR 32.14 provides as follows.
“Proceedings for contempt of court may be brought against a person if he 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”
The new form of the statement of truth is, therefore, a salient reminder of the significance of what is being signed and the importance of ensuring that the document is correct.
The serious significance of statements of truth
Failure to include a signed statement of truth can also have serious consequences. A statement of case remains effective but is at risk of being struck out. If it is not struck out, the contents of the statement of case cannot be relied upon as evidence unless and until it is verified by a statement of truth.
Many regular litigants, including landlords, may keep and use templates for new claims. Now is a good time to review those and ensure that they are up to date.
That one slipped past. Thanks Robert is there any change to PD22 prohibiting managing agents from signing a statement of truth?
Hi Ben, no, that has not changed. The Practice Direction still says “An agent who manages property or investments for the party cannot sign a statement of truth. It must be signed by the party or by the legal representative of the party.” You are right to highlight it – I think it is one that some managing agents miss.
Thanks, and one other question Robert, I know the CPRs are for county court but tribunals also have their own regs. Are the same changes made there as well? We do more than a few RROS these days and I don’t want them to fail for the wrong wording on a witness statement.