header-logo header-logo

Statements of truth

20 January 2009 / Janna Purdie
Categories: Features , Procedure & practice , LexisPSL
printer mail-detail

Janna Purdie highlights the importance of ensuring witnesses understand the consequences of providing false information supported by a statement of truth
 

Statements of truth
Statements of truth must not be regarded as a mere formality. Yet in practice do practitioners clearly explain the consequences of giving false information supported by a statement of truth? Certainly in the case of KJM Motorbikes v Hinton, which came before the Court of Appeal last week, the answer would appear to be no.

In that case, the Court of Appeal emphasised the importance of making witnesses aware of the dangers they face in such circumstances. Th e witness’s contempt of court had been deemed serious by the first instance court but permission for contempt of court proceedings were unsuccessful as the judge’s view was that such proceedings would not benefi t the administration of justice. Th e Court of Appeal disagreed. In its judgment, which all practitioners should take note of, it is clear that courts should, in the future, take a more stringent line in deciding whether to grant

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll