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N130: Application for an interim possession order
Practical Law UK Standard Document 5-504-8706 (Approx. 3 pages)
N130: Application for an interim possession order
by Practical Law
| Maintained • , England, Wales |
Following the 113th Practice Direction (PD) Update and the 122nd PD Update, the wording of a statement of truth has been amended. PD 22.2.1 specifies that a statement of truth in various documents should say:
"[I believe] [the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands 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."
HMCTS has updated N130 in light of the amendments to the statement of truth under the 113th and 122nd PD Updates. However, the statement of truth wording in the updated N130 does not reflect the revised wording under PD 22.2.1 in that it does not say "[I understand] [the (claimant or as may be) understands] …" (see Legal update, Consequential updates to HMCTS court forms on GOV.UK website following changes to statements of truth (113th and 122nd PD Updates)).
(We have contacted the CPRC about this issue which affects a number of HMCTS forms, who have opined that the wording is adequate as it stands.)
The statement of truth in HMCTS's PDF version of this form incorrectly refers to the "Defendant" and the "Defendant's representative" when it should refer to the "Claimant" and the "Claimant's legal representative". We have contacted the CPRC about this. Claimants wishing to use the PDF version may wish to amend the form by hand (as permitted by CPR 4(2) and PD 4.1.7).
Click here to access the Word version of this form.
Click here to access the pdf version of this form.