Statement of truth | Practical Law

Statement of truth | Practical Law

Statement of truth

Statement of truth

Practical Law UK Glossary 8-107-7315 (Approx. 4 pages)

Glossary

Statement of truth

This term has different meanings depending on its context:
  • In the context of litigation, a statement of truth is a statement, to be included in any statement of case, witness statement, expert's report and certain other documents, that confirms that the facts stated in the document are true. In most cases, a statement of truth also includes confirmation of an understanding 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 statement of truth must be signed by the litigant, or by their litigation friend or legal representative or witness or expert, as the case may be. See, in particular, CPR 22 and PD 22. For more on the practical issues relating to statements of truth, such as who should sign them and the appropriate form of wording, see Practice note, Statements of truth.
  • In the context of family, rule 17.2 (4) of the Family Procedure Rules 2010 (FPR 2010) lists it as being a statement that the party putting forward the document, the maker of the witness statement or, in the case of a certificate of service, the person who signs the certificate, believes the facts stated in the document are true. The general rule is to include a statement of truth in a document and to sign it in accordance with FPR 17.2(3) – (6).
  • In the context of land registration, certain applications to the Land Registry might be supported by a statement of truth. Statements of truth were introduced to Land Registry procedure as an alternative to statutory declarations on 10 November 2008. For the purposes of applications to the Land Registry, a statement of truth is defined in rule 215A of the Land Registration Rules 2003.
  • In the context of grant applications in a deceased’s estate, it means a statement that verifies the application for a grant of representation made by the deceased’s personal representative. As provided by rules 4, 5 and 8 of the Non-Contentious Probate (Amendment) Rules 2018/1137, the statement of truth replaces the requirement to swear or affirm an oath when applying for a grant. For more information, see Practice note, Probate: obtaining a grant of representation: overview.