Janna Purdie highlights the importance of ensuring witnesses understand the consequences of providing false information supported by a statement of truth
Statements of truth
Statements of truth must not be regarded as a mere formality. Yet in practice do practitioners clearly explain the consequences of giving false information supported by a statement of truth? Certainly in the case of KJM Motorbikes v Hinton, which came before the Court of Appeal last week, the answer would appear to be no.
In that case, the Court of Appeal emphasised the importance of making witnesses aware of the dangers they face in such circumstances. Th e witness’s contempt of court had been deemed serious by the first instance court but permission for contempt of court proceedings were unsuccessful as the judge’s view was that such proceedings would not benefi t the administration of justice. Th e Court of Appeal disagreed. In its judgment, which all practitioners should take note of, it is clear that courts should, in the future, take a more stringent line in deciding whether to grant permission to bring contempt of court proceedings where
