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CPR change to witness statements following personal service by a process server

CPR change to witness statements following personal service by a process server

Practice Direction 22 – Statements of Truth

The Ministry of Justice have released a new practice direction (Practice Direction 22) with regards to the wording provided by process servers in their ‘Statement of Truth provided within their Witness Statement following personal service.

The amendments relate to all statements of truth and come into effect on 6th April 2020.  It is to include a warning as to the consequences of stating facts without an honest belief in their truth. The wording is much more powerful and conveys the very real and serious consequences of making a false statement.

The current wording is:

“I believe that the facts stated in this [statement of case/witness statement] are true.”

From the 6th April 2020 all witness statements should say:

“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 full practice direction can read by clicking here. 2.1 and 2.2 deals with statements of truth.

About The Author

Mark Hodgson is the Managing Director of Tremark Associates, one of the UK’s leading providers of investigative services. Mark formed Tremark aged just 25 in 1995 and has over 30 years experience in private investigations and commercial debt recovery industries. He is a leading figure and a campaigner for regulation of the Industry and past President of the Association of British Investigators, a member of the World Association of Detectives, The Chartered Institute of Credit Management, The Institute of Paralegals and an associate member of R3 -The Association of Business Recovery Professionals. Mark splits his time between the Leeds and London Offices. He is a dad of two, a keen runner, cyclist and a Leeds United season ticket holder.