Statements of Truth: Know what you are signing
April 2007
In this article...
Introduction: Statements of Truth – What am I signing and why?
Anyone signing a statement of truth without a reasonable belief in the truth of the document’s contents may be held in contempt of court and liable to a fine or imprisonment. However, don’t have sleepless nights. In this article Sarah Bryant examines the Statement of Truth: explains what it is, when it is needed, who can sign it and what to do if you are concerned about it.1. What is a statement of truth?
A Statement of Truth verifies a person's belief in the truth of the facts contained in a document prepared by or for them for the purpose of court proceedings.2. When is it needed?
The Civil Procedure Rules provide that the following documents need a signed Statement of Truth:-
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Statement of Case (Defence) | |
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Responses to requests for further information | |
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Witness statements (or evidence within an Application Notice) | |
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Acknowledgement of service | |
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Counter-schedule of losses | |
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List of documents (ie disclosure statements). |
3. Who has to sign it?
This depends on the document concerned:-|
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A witness statement should always be signed by the witness as it is the direct evidence of an individual. | |
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For Statement of Case (Particulars of Claim, Defence etc) |
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If the party to the proceedings is an individual they should if at all wherever possible sign Statements of Truth themselves. | ||
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Where the party to the proceedings is a company or corporation the Statement of Truth should be signed by a person holding a senior position such as a Manager of a Legal Department or Claims Officer (if they are responsible for handling the claim or managing the staff handling it). | ||
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A legal representative may sign on behalf of their client but in this case the Statement will refer to the client's belief not the belief of the legal representative. The person signing the Statement of Truth must state the capacity in which they sign and the name of their firm. |
4. What do I do if I think I am not the right person to sign it?
If you have been asked to sign a Statement of Truth, but you think that you are not the right person, contact the Trust's solicitor straightaway for their advice. There are often tight timescales imposed by the Court for lodging documents and these issues need to be addressed as quickly as possible. If you have been sent a Defence, your solicitor may be able to obtain an extension whilst this is investigated. If not then the solicitor dealing may be able to sign if the matter falls within their knowledge.
If you have already signed a Statement of Case but now have doubts about whether you should have, contact your solicitors who will advise you. The Statement of Case will remain effective but you will not be able to rely on the Statement of Case as evidence of any of the matters set out in it until it is signed by the correct person.
5. What if the facts set out in the document are not within my knowledge?
Part 32.14 of the Civil Procedural Rules state that proceedings for contempt of court may be brought against a person if he makes or causes to be made a false statement in a document verified by a Statement of Truth without an honest belief of its truth. It is also contempt of court to cause a false statement to be signed by someone else. Penalties for Contempt of court may include a fine or even imprisonment. In addition the court has powers to strike out a Statement of Case which is not verified by a Statement of Truth or make an adverse costs order
However, this does not stop you signing if you were not present at the time of the medical treatment. If you have been responsible for investigating or managing investigations into the claim, you will have sufficient “knowledge” to sign. You may want to show the Defence to the clinicians involved in the case. You will also be entitled to rely on the advice of solicitors who have sent the document to you. As an example, it is not always necessary to understand every legal argument or authority deployed in a Defence, but you should understand the thrust of the Defence and be satisfied that it is factually correct. Regarding Lists of Documents, a solicitor will then be relying on relevant documents provided by you so you should still ensure a "reasonable and proportionate" search has been completed.
6. I am still worried about signing
If at any point you are worried about a document you have been asked to sign or a document you have already signed, speak to your Trust solicitor, your NHSLA contact or speak to someone at Bevan Brittan. In the vast majority of cases there is no need to worry, but if there is a problem it is always better to address it at the earliest opportunity.
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