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06 May 2020
Issue: 7885 / Categories: Legal News , Profession
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NLJ this week: The truth will out

Extra wording has been added to the statement of truth―the verification that a witness or party believes their statement to be true, which is required by many court documents

As of 6 April, every statement of truth must carry extra wording to the effect that the maker of the statement understands that they may be liable for contempt of court if their statement contains falsehoods. The changed format, introduced with the 113th update to Practice Direction Amendments, can be found in Practice Direct 22.

Writing in NLJ , Peter Thompson QC, general editor of the Civil Court Practice (the Green Book), assesses the need for such a change, and what difference it may make.

Thompson warns that, as of 6 April, ‘the legal representative has an additional duty, which is to warrant that the litigant understands the consequences of misleading the court by an untruth.

‘For a proper understanding the litigant should have committal proceedings explained and should be advised as to the various kinds of punishment that await the contemnor. What if the representative fails to give such advice?... Such a dereliction of duty would expose the legal representative (but not the litigant) to punishment for contempt under CPR 32.14. Practitioners beware!’

Read more of Peter Thompson’s article, ‘The truth, the whole truth and nothing like the truth’ .

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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