header-logo header-logo

06 May 2020
Issue: 7885 / Categories: Legal News , Profession
printer mail-detail

NLJ this week: The truth will out

Extra wording has been added to the statement of truth―the verification that a witness or party believes their statement to be true, which is required by many court documents

As of 6 April, every statement of truth must carry extra wording to the effect that the maker of the statement understands that they may be liable for contempt of court if their statement contains falsehoods. The changed format, introduced with the 113th update to Practice Direction Amendments, can be found in Practice Direct 22.

Writing in NLJ , Peter Thompson QC, general editor of the Civil Court Practice (the Green Book), assesses the need for such a change, and what difference it may make.

Thompson warns that, as of 6 April, ‘the legal representative has an additional duty, which is to warrant that the litigant understands the consequences of misleading the court by an untruth.

‘For a proper understanding the litigant should have committal proceedings explained and should be advised as to the various kinds of punishment that await the contemnor. What if the representative fails to give such advice?... Such a dereliction of duty would expose the legal representative (but not the litigant) to punishment for contempt under CPR 32.14. Practitioners beware!’

Read more of Peter Thompson’s article, ‘The truth, the whole truth and nothing like the truth’ .

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll