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30 June 2011 / Andrew Parker
Issue: 7472 / Categories: Features , Legal services , Profession
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Beauty is truth...

Andrew Parker believes that courts need to take a tougher line with statements of truth

One of Lord Woolf’s more welcome innovations in 1999 was the introduction of the requirement for a statement of truth. This was to be used not just to qualify witness statements, which already contained similar wording, but to verify a range of court documents including statements of case, schedules and disclosure lists.

The object of the exercise was that: “If a party is required to certify their belief in the accuracy and truth of the matters put forward the statement of case is less likely to include assertions that are speculative and fanciful and designed to obfuscate” (Access to Justice: Interim Report).

As with other changes introduced with the Civil Procedure Rules, the reality is that although use of statements of truth started out well, there is a risk of practitioners falling into old habits and diluting the effectiveness of the provision. As I see it, the courts have been relaxed in their approach to this issue to

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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