Civil Procedure Rules: Important changes to statements of truth

A number of amendments to the Civil Procedure Rules come into effect from 6 April 2020.

Statements of truth (CPR PD22)

The statement of truth must be in the witness’s own language and dated with the date that it is signed

The required wording of the statement of truth has been amended to include a warning that proceedings for contempt of court may be brought against those who give a statement of truth without an honest belief in its truth. It will now read:

“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.” 

Witness statements (CPR PD32)

Foreign language witness statements

This change addresses the issue of cases where a witness statement is presented in English but where, notwithstanding signature of the statement, the witness cannot speak English and the statement is not necessarily ‘in their own words’. The burden will shift to the person relying on such evidence to have the statement drafted in the witness’s own language and to serve a translated version at the same time.

The translator must sign the original statement and certify that the translation is accurate. This means accurate as a translation and does not refer to the accuracy of the evidence itself.

Statements of Truth will be required to be in the witness’s “own language” and also (as is already the case) in their own words.

Requirements for all witness statements

The amendment now requires the statement to give details of the process by which it has been prepared. It is worth noting the full extent of the PD dealing with the formalities for the body of any witness statement.

PD 32 18.1

The witness statement must, if practicable, be in the intended witness’s own words and must in any event be drafted in their own language, the statement should be expressed in the first person and should also state:

(1) the full name of the witness;

(2) his place of residence or, if he is making the statement in his professional, business or other occupational capacity, the address at which he works, the position he holds and the name of his firm or employer;

(3) his occupation, or if he has none, his description;

(4) the fact that he is a party to the proceedings or is the employee of such a party if it be the case; and

(5) the process by which it has been prepared, for example, face-to-face, over the telephone, and/or through an interpreter.

The statement above in bold applies to ALL statements after 6 April 2020.

What this means in practice

Anyone drafting a witness statement endorsed with a statement of truth will need to be careful to ensure that the wording used is the witness’s own words rather than a pre-prepared version of the evidence the legal team wants to lead with (perhaps even crafted by counsel and solicitor).

Now that the preparation process has to be spelled out this may prove more challenging for litigants. Whilst such practices might normally be hidden from view until trial, the new PD places a clear onus on any witness statement drafter.

For more information, please contact Andrew Underwood.