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These instances are obviously not exhaustive either of the types of body corporate or
association where the question may arise. Nor are they exhaustive of what constitutes
a "senior position." New situations calling for discussion are bound to arise.
The
rules should therefore indicate that duly authorized officers or employees holding
analogous positions in analogous organizations or associations would also qualify.
Recommendation 27: The rules should indicate the level or class of officer or
employee who may sign a statement of truth verifying pleadings on behalf of a
party that is a corporation, a partnership or an analogous organization or
association.
Where the statement of truth is signed by a legal representative
Although, as indicated above, a pleading verified by a statement of truth signed by a
legal representative constitutes the party's representation of the truthfulness of its
factual allegations, the legal representative who signs is taken to be making certain
representations of his own to the court. These are set out in 22PD3.8 as follows :-
"Where a legal representative has signed a statement of truth, his signature will be taken by
the court as his statement:
(1)
that the client on whose behalf he has signed had authorised him to do so,
(2)
that before signing he had explained to the client that in signing the statement
of truth he would be confirming the client's belief that the facts stated in the
document were true, and
(3)
that before signing he had informed the client of the possible consequences to
the client if it should subsequently appear that the client did not have an honest
belief in the truth of those facts."
The Working Party considers this approach desirable and recommends the adoption of
a rule on the effect of a legal representative signing a statement of truth.
Notes
Some of these are discussed in 22PD3.11, eg, as to who should sign on behalf of trustees and as to
whether agents who manage property or investments for a party are able to sign.
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