Honesty is always the best policy - the importance of Statements of Truth

Almost every single document placed before the Court in any type of issued proceedings contains a “Statement of Truth” but do you know the consequences of signing such a Statement?

The standard Statement of Truth reads as follows:

I believe/The Claimant 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

What are the implications of signing a Statement of Truth?

You are declaring to the Court that you have an honest belief in the content of the document you are signing, whether it be a Witness Statement in your own name, a Defence being given on behalf of your organisation or an N5 claim form for possession of Property issued via the Court's PCOL system.

If you are involved in taking Court action you may be asked to sign Statements of Truth on a regular basis but, it should be remembered that this is not an insignificant task and it should be approached with caution every time. The consequences for signing a Statement of Truth on a document which is later found to contain false statements can potentially be dire.  

Where there is suspicion that a Statement of Truth has been signed and the document contains false statements, a contempt of Court application can be made by the opposing party to bring the false statements to the attention of the Court. If found proven, the sanctions can be a fine or - in the worse case scenario - a prison sentence of up to two years. The fine or the prison sentence is imposed on the individual who signed the Statement of Truth and not the organisation that they represent.

What to consider before signing a Statement of Truth:

1. Are you the appropriate person to sign the Statement of Truth? Is this a case you are personally familiar with, or is there another person who has first hand knowledge of the matter and who would therefore be a more suitable person to sign the Statement?
2. If you are signing a Statement of Truth on a Witness Statement, it may be that you will be required to attend Court to give live witness evidence should a case become contested. If you are not willing to give evidence at Court, should someone else be giving the Witness Statement instead?
3. You should fully consider and read the content of the document you are being asked to sign very carefully. You need to be 100% confident and happy with the content before signing the Statement of Truth. It could ultimately be you in the witness box being asked questions on the document you have put your signature to.
4. If the document has been drafted for you by your lawyer or in-house legal team, discuss the content with them. They will always welcome any amendments or additions you would like to make to the draft document as you will have day to day knowledge of a case that perhaps they are not aware of. Even if the document is drafted by a lawyer, it is still your personal responsibility to ensure that all facts in the document are true to the best of your own personal knowledge and belief.
5. The Court rules allow for e-signatures to be used on certain documents and, whilst the use of such signatures is easy and convenient, the use of an e-signature is just as significant as the use of a physical signature. Where an e-signature is used, it should never be placed on a Statement of Truth by anyone other than the person signing the Statement. If someone else enters the signature on behalf of another, how can the owner of the e-signature be said to have signed the Statement of Truth to the best of their own personal knowledge and belief if they have never seen the document?

The last word on Statements of Truth

Finally, issues with Statements of Truth and the content of documents such as Witness Statements can have a profound, negative impact on the prospects of successfully bringing a claim. The content can be challenged at Trial and, if discrepancies are found, if Judge can start to doubt the truthfulness or otherwise of all the evidence given in support of a claim.  This can significantly undermine your otherwise solid case.

Statements of Truth in action

Many (many!) years ago whilst I was a High Court Judge's Clerk, I clerked a 10 day Trial with witnesses flying in from Spain, America and China. This was a multi-million pound case for all parties concerned. The first witness took the stand on Day 1 of 10. The first question asked in cross examination related to something quite clearly stated in the witness statement signed by the witness personally and should have been an easy “yes or no” answer. The only problem was that the witness refused to accept that anything written in his own witness statement was true and said words to the effect that “I just signed where my lawyer they told me to”. Day 1 of Trial quickly became the last day of Trial with a hasty settlement agreement reached before lunchtime, turning the Claimant's good prospects of successfully bringing the claim into a complete failure with an Order to pay the Defendant's significant legal costs. If only that witness had read the draft witness statement and ensured he was happy with the content before signing that all important Statement of Truth…