Tell The Truth Or Face The Consequences: False Statements Of Truth

Statements of truth are a common feature in a range of legal documents including statements of case, disclosure reports, witness statements and expert reports. Signing a statement of truth to confirm that the facts in the document are true should be a straightforward process. However, the consequences, of failing to tell the truth can be severe, as the High Court recently confirmed in Stobart Group Ltd and others v Elliott [2013] EWHC 797.

CPR 32.14 sets out the consequences of submitting a false statement of truth - notably that a party can make an application for proceedings for contempt of court against an individual who makes, or causes to be made, a false statement in a document that has been verified by a statement of truth without possessing an honest belief in its truth.

Criteria for an application There is a strong prima facie case that the statement relied upon was false, known to be untrue or made recklessly and without regard to whether it was false, and that the false statement was known to likely interfere with the course of justice; There is sufficient public interest to allow the committal proceedings; and The proceedings are proportionate. In Stobart, the High Court considered an application to bring contempt proceedings on the basis that the Stobart Defendants had made 22 false statements. The majority of the false statements appeared in witness statements, each of which contained a statement of truth. One of the witness statements related to a Court hearing of a without notice application for an interim injunction against Elliott. The Court granted permission for Elliott to bring contempt proceedings in respect of...