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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

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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