 |  |
|
 |
 |
 |
 |
|  | |  | |
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 (in suitable circumstances) by that party's legal representative. Unlike an
affidavit or affirmation, a statement of truth does not require the person making it to
be sworn or affirmed and does not require attendance before someone qualified to
administer oaths or take affidavits. Nevertheless, a person who makes a statement of
truth without an honest belief in the truth of the facts pleaded faces possible sanctions,
up to and including possible proceedings for contempt.
The Final Report discusses some of the detailed rules that would be required in
relation to verified pleadings including rules :-
(a)
to identify the person who should provide the verification, particularly where
the party is a corporation or a partnership, or where an insurer is involved;
(b)
to define the circumstances when it would be appropriate for a legal
representative to make a statement of truth on behalf of his client;
(c)
to deal with verification where alternative inconsistent cases are pleaded; and,
(d)
as to the sanctions appropriate for putting forward a false statement of truth.
The Working Party also makes recommendations regarding the clarification of
pleadings. Parties should only seek further and better particulars where there is a
genuine need to do so and not where the substance of the other side's case is
sufficiently clear, and will in due course be made clearer by the exchange of witness
statements and expert reports. It also recommends that where a pleading which comes
to the court's notice is badly inadequate so as to pose a serious risk of injustice or of
requiring significant expenditure of unnecessary costs, the court should have power of
its own motion to give appropriate directions for the pleading to be clarified.
|
 |
|