Legal Alert: Do not take witness statements lightly!
Significant changes came into force on 6 April 2020 within the Practice Direction Amendments, including Practice Direction 22.
These changes will affect anyone who signs or drafts documents that consist of statements of truth.
The modifications to Practice Direction 22 include different technical legal phrasing used to confirm the truth of the content of documents in a lawsuit called statements of truth.
The technical legal jargon is to verify written evidence, a response, an application notice or notice.
Two new provisions under this practice include that the statement of truth must be in the witness’s language (Practice Direction 22 - 2.4) and that it must be dated when it was signed (Practice Direction 22 - 2.5).
The second rule above seems unnecessary since a signature date should always be the date that the signatory signed the document except for exceptional circumstances when a signature can be dated retrospectively.
The alterations remove ambiguity by clearly emphasising that there will be severe consequences if you lie or otherwise mislead the court. The results of telling porkies include contempt of court proceedings and possibly jail.
Therefore, if you are signing court documents:
First make sure you know that the rules have changed, so you get the right phrasing.
Second, make sure you do not try to pull the wool over the eyes of the court.
To learn about all the changes, please check out the following links:
PRACTICE DIRECTION 22 – STATEMENTS OF TRUTH - Civil Procedure Rules
MORE RULE CHANGES IN APRIL: CHANGES TO THE STATEMENT OF TRUTH: YOU HAVE BEEN WARNED
To obtain an accurate, personal opinion about your legal dispute please contact us on (020) 7305-7491 or at support@pailsolicitors.co.uk we would be delighted to assist you. The writer is an intern member of the intellectual property and information technology support team at PAIL® Solicitors.
Significant changes to Practice Direction 22 came into effect on 6 April 2020, impacting the handling of statements of truth in legal documents. These amendments are critical for anyone involved in drafting or signing documents within court proceedings.
The revisions mandate specific legal language for affirming the accuracy of statements in court filings, responses, and notices. Notably, statements of truth must now be expressed in the witness’s own words (Practice Direction 22 - 2.4), ensuring clarity and authenticity in legal proceedings. Additionally, each statement must be dated at the time of signing (Practice Direction 22 - 2.5), aiming to prevent any disputes over document execution timelines.
These updates are designed to enhance transparency and accountability in legal processes, eliminating ambiguity and safeguarding the integrity of court submissions. Failure to adhere to these new requirements could lead to serious consequences, including potential contempt of court charges and associated penalties.
To fully understand these changes and their implications for your legal practice or proceedings, we encourage you to review the updated Practice Direction 22 – Statements of Truth under the Civil Procedure Rules. Staying informed about these regulations is crucial to maintaining compliance and ensuring the credibility of legal documentation.
For personalized advice on navigating these amendments or addressing legal disputes involving statements of truth, please contact us at (020) 7305-7491 or via email at support@pailsolicitors.co.uk. Our team at PAIL® Solicitors is ready to assist you with expert guidance and practical solutions tailored to your specific needs.
The recent amendments to Practice Direction 22 underscore the critical importance of accuracy and integrity in legal documents containing statements of truth. Effective from 6 April 2020, these changes mandate specific legal language to authenticate the veracity of statements made in court filings, responses, and notices. The practice now requires that the statement of truth must be in the witness’s own words (Practice Direction 22 - 2.4), ensuring clarity and authenticity in legal proceedings. Additionally, each statement of truth must be dated at the time of signing (Practice Direction 22 - 2.5), aiming to eliminate any confusion or dispute over the timing of document execution.
These amendments serve to enhance transparency and accountability in the legal process, leaving no room for ambiguity or deceit. The requirement for statements to be in the witness’s language aims to prevent misrepresentation or misunderstanding of the facts presented before the court. Furthermore, the stipulation to date each statement of truth at the time of signing reinforces the importance of timely and accurate documentation in legal proceedings.
It is crucial for legal professionals and individuals involved in court proceedings to familiarize themselves with these updates and adhere strictly to the revised guidelines. Failure to comply with the new requirements not only risks procedural errors but also carries severe consequences, including potential contempt of court charges and legal penalties. These changes emphasize the need for diligence and adherence to legal standards when preparing and submitting statements of truth, ensuring credibility and reliability in the administration of justice.
For detailed information on these amendments and how they may affect your legal practice or proceedings, refer to the updated Practice Direction 22 – Statements of Truth under the Civil Procedure Rules. Keeping abreast of these regulations is essential to avoid pitfalls and maintain compliance in legal documentation.