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(a)
The nature of the requirement
Proposal 11 addresses the first of the main defects often found in pleadings mentioned
above,
namely, the fact that such pleadings do not accurately reflect the true case of
the party in question. It canvasses adoption of a requirement introduced by the CPR
that the pleadings
(and certain other documents
) be verified by a "statement of
truth".
Under the CPR, a statement of truth takes the form of a declaration of belief that the
facts stated in the relevant pleading are true.
It may be signed by the party on whose
behalf the pleading is filed or that party's legal representative
and takes effect in law
as a statement that "the party putting forward the document ...... believes the facts
stated in the document are true."
Where a pleading is verified by a statement of
truth, the CPR provide that it may be used as evidence at interlocutory hearings.
A pleading which has not been verified is not a nullity. It is effective as a pleading
(but not as evidence) unless it is struck out by the court, the parties being at liberty to
apply for a striking out.
Notes
See paragraph 184 above.
Including the statement of claim, defence, reply and subsequent pleadings, as well as any further and
better particulars and any amendments: CPR 22.1(1)(a) and (b), and CPR 22.1(2).
Listed in CPR 22.1(1) and (2) and in 22PD.1, including witness statements and expert reports.
The present discussion is confined to the verification of pleadings. Verification of other documents,
such as witness statements and expert reports is dealt with separately.
The form prescribed by 22PD.2.1 is "[I believe] [the (claimant or as may be) believes] that the facts
stated in this [name document being verified] are true."
CPR 22.1(6). If the party is a minor or a patient, it is signed by his "litigation friend" (his next friend
or guardian ad litem) or the legal representative of that litigation friend.
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