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06 May 2020
Issue: 7885 / Categories: Legal News , Profession
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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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