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Statement of Truth | Solicitors Near Me For UK

A statement of truth is included in many legal documents certifying that the person signing the document believes the contents to be true. We take a look at the implications of making a statement of truth and when this might be necessary.

If you are involved in a legal case and you are required to complete a claim form or issue particulars of a claim, a defence, replies to a claim or further information, the document you sign should include a statement of truth. This also applies if you are required to make a witness statement.

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What Is The Wording For A Statement Of Truth?

There is set wording for a statement of truth, which came into effect on 6 April 2020. The statement should be as follows:

“I believe that the facts stated in this [statement / particulars of claim / 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.”

Some documents, such as claim forms, particulars of claim and witness statements must also state that the signatory understands that failing to be honest and truthful could result in being found guilty of contempt of court.

The wording is intended to convey how seriously the court will take it should someone knowingly sign a statement they know to be false.
At Solicitors Near Me, we work with legal experts across a range of sectors, including business and commercial, family law and litigation. If you are involved in a legal dispute, we can connect you with a solicitor who will be able to draft the necessary documents on your behalf, to include statements of truth for you to sign.

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Signing A Statement Of Truth

If you are asked to sign a document that includes a statement of truth, you need to go through it carefully and look at each detail to ensure that it is correct so far as you are aware. If the statement of truth is made on behalf of a company, it still needs to be signed by an individual and it is their responsibility to ensure that the statement is truthful.

If you do not wish to sign a statement of truth, it is likely to weaken your case. You will not be able to rely on the document and the other side may ask for the case to be struck out. This could mean that an extra hearing is needed, along with associated costs. This in turn exposes you to liability for the other side’s costs.

If you are not sure of some of the details included in the document, then you should work with your solicitor to amend the document so that it only covers information that you know to be true so that you are able to sign the statement of truth.

If English is not your first language, the document should be translated into your language so that you can check that it is true. The translation should be signed and dated by the translator certifying that it is accurate. The statement should include details of how it has been prepared and relayed to you. The statement of truth must be drafted in your first language so that the courts can be sure that you know exactly what you are stating by signing. Both the translation of the document and the English version should be filed with the court.

Making A False Statement

If you sign a statement of truth that you know is not true or you do not have an honest belief in its truth, then the court could find you in contempt of court. This is taken seriously and you could face a fine or up to two years in prison or both.

It could also mean that your case is impacted. For example, if it is found that there is fundamental dishonesty in a statement made in a personal injury case, your case could be dismissed and you could become liable for all of the costs, including those incurred by the other side.

Checklist Before Signing A Legal Document With A Statement Of Truth

It is always important to take care when signing legal documents, but if they have a statement of truth attached it is essential to check everything meticulously. Your solicitor will be able to help you if you have any questions as to the meaning of what you are signing.

Using an expert means that the document will be carefully drafted and you can have confidence that the information you have provided has been accurately set out.

Before you sign each document, you should make sure you have done the following:

Read the document from start to finish;
Even if the document has been drafted by an expert, you must always double check it to make sure it is accurate and that no misunderstandings have occurred or mistakes have been made;
Ask yourself if everything in it is true;
If you are not entirely sure on a particular point, the document must reflect this, for example, stating that you believe something to be true and giving the reasons why.

If your solicitor will be signing the statement of truth on your behalf, you must still go through the checklist and ensure that the document is truthful as you will still be responsible for the statement.

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Solicitors Near Me For Witness Statements – What Is a Witness Statement?

If you are involved in a legal case where evidence is being compiled, you may want to know, what is a witness statement and how will it be used?

A witness statement is a document prepared for a court case setting out someone’s recollection of an event or their knowledge of relevant facts. In civil cases, witness statements are crucial in providing evidence for both sides. If you are involved in a legal dispute or you have information relating to one, you may be asked to provide a witness statement.

Because of the legal importance of witness statements, you should seek legal advice before drafting and signing one. We can recommend a solicitor with expertise in the relevant area of law who will be able to advise you and where necessary work with you to draw up a witness statement.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Is A Witness Statement?

A witness statement will support a legal case or provide further information to the court to assist the judge in deciding how to rule. The statement will be accompanied by a statement of truth confirming that the information provided is accurate and true.

Because of the importance of witness statements in a court of law, it is essential that they are carefully drafted and specify only what you know to be true. A statement can be challenged in court and you could be questioned about its contents at length.

When Is A Witness Statement Needed?

Witness statements are used in a wide range of court cases, including family law, contract disputes, personal injury claims and all types of civil law actions. They support the case brought by one side and provide information that can be crucial to the case.

The statement can be made by either side or by someone else in support of the claim or defence. Witnesses can be compelled to attend court to give evidence, but if you need someone to provide help and information, it is generally better to have witnesses who are prepared to take part voluntarily.

Who Can Be A Witness?

Anyone aged 18 or over who has the mental capacity to understand the process and who has knowledge relating to the case can make a witness statement.

Certain witness statements can be used without the need for the witness to attend court. It is often the case that a claim is settled by negotiation, in which case there will not be a court hearing. So even if you make a witness statement, you may not need to go to court to be questioned about it.

The Importance of Legal Advice When Making A Witness Statement

A solicitor will be able to advise you on what should be included in your witness statement. It is important to set out relevant information that will support your case in the best way possible. Effective evidence is vital if you are to win your case, and your solicitor will be able to advise you of the points that you need to include.

Making A Witness Statement

The statement should be in your own words and include facts that you know to be true. It is not the place to put legal argument or your opinion but should include evidence and information about your case.

The statement should make clear what points were in your knowledge and which were information or belief, together with the source of any information or belief that has been included.

Facts should be included to support what you say. For example, showing why someone was negligent by setting out what negligent actions they have carried out.

More than one witness statement giving the same evidence can be used in a case to reinforce a point. Where several witnesses make a similar point, it will carry more weight.

Documents can be included where necessary, although the courts prefer that witness statements are concise and documents not excessive. You will be given guidance as to the maximum length your statement can be, depending on the type of case you are involved in.

What Must Be Included In A Witness Statement?

If you are making a witness statement to be used in a court case, you should keep to the following rules:

The statement should be written in the first person and be in your own words. This means that legal jargon should be avoided
You should only include facts you know and not things that you have heard other people say to be true
Events should usually be in chronological order
If you are connected to the parties involved in the case or you are a party to the case, this should be stated
You should say whether something is a matter of knowledge or belief. If it is your belief, you should say why this is so

The statement should not include your opinion, use persuasive language or seek to argue the case.

You will also be required to make a statement of truth. The wording of this is as follows:

‘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.’

Being Questioned About A Witness Statement In Court

If the case that you are involved in goes to court, you may be required to attend the trial and be questioned by barristers about the statement you have made. You should make sure that you are familiar with your statement before you go to court, as you will be asked to confirm that it is your statement and that you do not wish to change anything.

The information you have given could be challenged. The solicitor involved will be able to prepare you for the trial.

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