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05 November 2020 / Dominic Regan
Issue: 7909 / Categories: Features , Profession
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The lie(s) of the land

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Dominic Regan tells tales of ‘questionable’ representations & asks if enough is being done to drive out the fibbers from the law

Earlier this year the wording of the Statement of Truth as appended to statements of case, witness statements and other materials was overhauled. A new sentence was added. It reads: ‘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.’

The undoubted intention was to flag up the adverse consequences of making false representations but will it make a blind bit of difference? The law reports are bursting with examples of people involved in litigation talking total tosh.

Implausible

In the recent case of RE MKG Convenience Ltd [2020] EWHC 547 (Ch) liquidators were in pursuit of the goods, takings and other assets which had vanished without a trace when a small chain of convenience stores folded. In particular, where had the money gone? Missing was a tad over £1.7m attributable to

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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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