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05 November 2020 / Dominic Regan
Issue: 7909 / Categories: Features , Profession
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The lie(s) of the land

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Dominic Regan tells tales of ‘questionable’ representations & asks if enough is being done to drive out the fibbers from the law

Earlier this year the wording of the Statement of Truth as appended to statements of case, witness statements and other materials was overhauled. A new sentence was added. It reads: ‘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 undoubted intention was to flag up the adverse consequences of making false representations but will it make a blind bit of difference? The law reports are bursting with examples of people involved in litigation talking total tosh.

Implausible

In the recent case of RE MKG Convenience Ltd [2020] EWHC 547 (Ch) liquidators were in pursuit of the goods, takings and other assets which had vanished without a trace when a small chain of convenience stores folded. In particular, where had the money

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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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