Witness statements and statements of truth – important amendments coming into force from 6 April 2020

There are important amendments coming into play in April 2020 with the 113th update to Practice Direction Amendments. These changes will come into force from 6 April 2020 and they are relevant to anyone who drafts or signs documents such as statements of case (e.g. defences) and witness statements.

Statements of truth

Firstly, there are amendments being made to the format of the statement of truth at Practice Direction 22. The new wording for the statement of truth verifying a statement of case, a response, an application notice or a notice of objection will be:

‘[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. 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.’

Statements of truth verifying witness statements are similarly amended and will read:

‘I believe that the facts stated in this witness statement are true. 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 amendments do not actually alter the position in relation to statements of truth. However, it is now made clear to anyone signing such documents that proceedings for contempt of court could be brought against them should any false statements be present in the document.

It is therefore extremely important that anyone signing defences, witness statements etc, fully read, understand and appreciate every single aspect of the document and that they are entirely happy with the contents. Should you have any queries about the contents of a document you are asked to sign, raise the query with the solicitor in the first instance and share your concerns.

Statements – language and processes

The update also provides that the statement of truth verifying a witness statement must be in the same language as the witness statement. Where a legal representative has signed a statement of truth on their client’s behalf, they must explain its effects through an interpreter where necessary.

The update to ‘Practice Direction 32 – Evidence’ also provides for further information to be contained within witness statements, as follows:

• The heading to the witness statement must contain the date of any translation;
• The body of the witness statement must not only, if practicable, be drafted in the individual’s own words but ‘must in any event be drafted in their own language’; and
• The body must also state ‘the process by which it has been prepared, for example, face-to-face, over the telephone and/or through an interpreter’.

The above should all be dealt with by your solicitor drafting the witness statement on your behalf and so should not cause any concern.

Practice Direction 23.2 is amended to reflect the now default position of witness statements being filed in the witness’s own language:

‘23.2 Where a witness statement is in a foreign language:  

(a) the party wishing to rely on it must: 

(i) have it translated; and 

(ii) file the foreign language witness statement with the court; and 

(b) the translator must sign the original statement and must certify that the translation is accurate.’

If English is not your own language, let your solicitor know when they first take details from you so that your witness statement can be drafted appropriately.

Statements of truth – new requirements

Two new provisions will be added to Practice Direction 22 as follows:

 ‘2.4 - The statement of truth must be in the witness’s own language. 

  2.5 - A statement of truth must be dated with the date on which it was signed.’

If you are asked to sign any documents containing a statement of truth, please ensure you also date the document when signing. Documents are often returned with a signature but no date. It is vital that all statements of truth are also dated with the date on which they were signed.

Summary

• Those signing defences, witness statements etc, may face contempt of court proceedings should any false statements be made in these documents.
• Amended statement of truth as above must be used.
• Witness statements must be drafted in the witness’s own language and so must the statement of truth – let your solicitor know if English is not your first language.
• Witness statements prepared in a foreign language must be translated and both statements filed at court. The translator must sign the original statement and certify that the translation is accurate.
• A statement of truth must be dated with the date on which it was signed – ensure you date as well as sign, any relevant documents;
• Every witness statement must state the process by which it was obtained, e.g. face-to-face or by telephone.