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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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WHEN A SOLICITOR SIGNS A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: GET THE WORDING RIGHT (AND REMEMBER WHAT IT IS YOU ARE CERTIFYING)

WHEN A SOLICITOR SIGNS A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: GET THE WORDING RIGHT (AND REMEMBER WHAT IT IS YOU ARE CERTIFYING)

March 31, 2021 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Statements of Case, Statements of Truth, Witness statements

A regular search term that leads people to this blog is “can a solicitor sign a statement of truth on behalf of a client?”  The answer is yes, for some documents at least.   The lawyer has to remember (i) what…

CIVIL PROCEDURE BACK TO BASICS 91: MAKE SURE YOUR CLIENT IS STILL ALIVE WHEN YOU ISSUE - AT CERTAINLY AT THE TIME OF TRIAL: A SITUATION THAT IS UTTERLY BIZARRE

CIVIL PROCEDURE BACK TO BASICS 91: MAKE SURE YOUR CLIENT IS STILL ALIVE WHEN YOU ISSUE – AT CERTAINLY AT THE TIME OF TRIAL: A SITUATION THAT IS UTTERLY BIZARRE

February 24, 2021 · by gexall · in Civil evidence, Civil Procedure, Statements of Truth

The facts in  Amirtharaja & Anor v White & Anor [2021] EWHC 330 (Ch) are unusual to say the least.  Someone who had died two years prior to issue was included as a party in a claim form. The matter…

CHANGES COMING INTO FORCE IN OCTOBER 1: CHANGES TO THE STATEMENTS GIVEN BY EXPERTS

CHANGES COMING INTO FORCE IN OCTOBER 1: CHANGES TO THE STATEMENTS GIVEN BY EXPERTS

July 29, 2020 · by gexall · in Civil evidence, Civil Procedure, Expert evidence, Experts, Rule Changes

The 122nd update Practice Direction Amendments come into force on the 1st October 2020. We have already looked at the changes to the rules relating to proceedings for contempt.  Here we look at the change relating to the declaration that…

MORE ON THE NEW STATEMENT OF TRUTH: CAN YOU CHANGE THE WORDING?

MORE ON THE NEW STATEMENT OF TRUTH: CAN YOU CHANGE THE WORDING?

April 11, 2020 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Statements of Case, Statements of Truth, Witness statements

I have had questions, from several sources, about whether it is possible to amend the “new form” of the  statement of truth when a document is not being signed by a party to litigation.   PRACTICE DIRECTION 22. The new…

REMOTE WORKING AND THE LITIGATOR 3: SIGNING WITNESS STATEMENTS IN A TIME OF SOCIAL ISOLATION

REMOTE WORKING AND THE LITIGATOR 3: SIGNING WITNESS STATEMENTS IN A TIME OF SOCIAL ISOLATION

March 25, 2020 · by gexall · in Civil Procedure, Coronavirus, Statements of Truth, Witness statements

One major difficulty that faces all litigators at present is how to get witness statements signed.    Here are a few ideas.   E-SIGNATURES MAY BE VALID There is no binding authority on this issue. However the decision of District Judge…

THE IMPORTANCE OF THE STATEMENT OF TRUTH (3): THE SCARY STUFF (THE REALLY SCARY STUFF)

THE IMPORTANCE OF THE STATEMENT OF TRUTH (3): THE SCARY STUFF (THE REALLY SCARY STUFF)

February 17, 2020 · by gexall · in Civil evidence, Civil Procedure, Statements of Case, Statements of Truth, Witness statements

This is the third (and final) post in the series that examines the importance of the statement of truth.  Here we look at the clear and start warnings given by the courts about the importance of the statement of truth….

THE IMPORTANCE OF THE STATEMENT OF TRUTH (1): WHY IT NEEDED "BEEFING UP" (THE RULES COMMITTEE COULD HAVE DONE THIS FIVE YEARS AGO...)

THE IMPORTANCE OF THE STATEMENT OF TRUTH (1): WHY IT NEEDED “BEEFING UP” (THE RULES COMMITTEE COULD HAVE DONE THIS FIVE YEARS AGO…)

February 15, 2020 · by gexall · in Civil evidence, Civil Procedure, Rule Changes, Statements of Case, Statements of Truth

Yesterday was, by a long way, the busiest day on this blog ever.  The reason for this being that everyone is anxious to know the new wording for the statement truth.  There is a need for a short series on…

MORE RULE CHANGES IN APRIL: CHANGES TO THE STATEMENT OF TRUTH: YOU HAVE BEEN WARNED...

MORE RULE CHANGES IN APRIL: CHANGES TO THE STATEMENT OF TRUTH: YOU HAVE BEEN WARNED…

February 14, 2020 · by gexall · in Civil evidence, Civil Procedure, Rule Changes, Statements of Truth, Witness statements

We are returning to the 113th update to Practice Direction Amendments.  This introduces important changes to to the wording of the statement of truth.  (Coming into force from the 6th April 2020). THE AMENDMENT The amendment makes changes to the…

CIVIL PROCEDURE - BACK TO BASICS 3: THE STATEMENT OF TRUTH

CIVIL PROCEDURE – BACK TO BASICS 3: THE STATEMENT OF TRUTH

April 11, 2018 · by gexall · in Civil evidence, Civil Procedure, Conduct, Useful links, Witness statements

The aim of this series is to look at things that litigators do every day – almost automatically. Signing a statement of truth is one of those things.  This is a regular occurrence in many solicitor’s offices.  It is a…

SIGNING THE STATEMENT OF TRUTH IN PRE-ACTION DOCUMENTS: WILL THE SOLICITOR GO TO JAIL OR NOT?

SIGNING THE STATEMENT OF TRUTH IN PRE-ACTION DOCUMENTS: WILL THE SOLICITOR GO TO JAIL OR NOT?

December 7, 2017 · by gexall · in Abuse of Process, Applications, Committal proceedings, Statements of Truth, Witness statements

There has already been some discussion in the Gazette about the judgment in Liverpool Victoria Insurance Company Ltd v Yavuz & Ors [2017] EWHC 3088 (QB). In particular the observations in relation to signature of documents by the legal representative. This…

SIGNING A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: A STARK REMINDER FROM THE COUNTY COURT ONLINE PILOT PRACTICE DIRECTION

SIGNING A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: A STARK REMINDER FROM THE COUNTY COURT ONLINE PILOT PRACTICE DIRECTION

September 26, 2017 · by gexall · in Avoiding negligence claims, Civil evidence, Statements of Case, Statements of Truth, Witness statements

I have looked before at the issues that arise when the legal representative signs a statement of truth on behalf of a client.  These issues are shown in stark terms in the Practice Direction 51S – The County Court Online…

LEGAL REPRESENTATIVE SIGNING THE DISCLOSURE STATEMENT II: SEE WHAT THE COMMERCIAL COURTS GUIDE SAYS: BUT…

November 15, 2016 · by gexall · in Civil evidence, Civil Procedure, Disclosure, Statements of Truth, Uncategorized

The post on legal representatives signing the disclosure statement written earlier in the week had a lot of response. My attention has been drawn to the Admiralty & Commercial Courts Guide  which suggests (in certain undefined circumstances) a legal representative…

SOLICITOR SIGNING THE STATEMENT OF TRUTH IN A DISCLOSURE STATEMENT: NOT PERMISSIBLE AND NOT ADVISABLE

November 13, 2016 · by gexall · in Disclosure, Statements of Truth, Uncategorized

There has been a lot of discussion on Twitter recently in relation to a search term that arrived on this blog “solicitor signing disclosure statement”.  So many people contributed to that discussion that I cannot thank them all.  However it…

"SECOND HAND" SIGNATURES WILL NOT DO -"PRE-SIGNING" THE STATEMENT OF TRUTH? – NOT A GOOD IDEA

November 7, 2016 · by gexall · in Applications, Civil evidence, Professional negligence,, Statements of Case, Statements of Truth, Uncategorized, Witness statements

This blog has covered the importance of the statement of truth on many occasions.  However the issues revealed in the Solicitors Disciplinary hearing in SRA -v- Jackson reveals a remarkably insouciant approach to the statement of truth. THE CASE The…

SIGNING A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: GET THE WORDING RIGHT

SIGNING A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: GET THE WORDING RIGHT

June 10, 2016 · by gexall · in Avoiding negligence claims, Case Management, Statements of Case, Statements of Truth, Uncategorized

On more than one occasion on this blog we have looked at cases where the courts have questioned the wisdom of a lawyer signing a statement of truth on behalf of a client. In Galdikas -v- DJ Houghton Catching Services…

STATEMENTS OF CASE & THE STATEMENT OF TRUTH: CAN A PARTY ARGUE TWO DIFFERENT THINGS?

May 25, 2016 · by gexall · in Applications, Statements of Case, Statements of Truth, Uncategorized

There are some interesting observations by Mr Justice Leggatt in ED&F Sugar ltd -v- T&L Sugar Ltd [2016] EWHC 272 (Comm). KEY POINTS A statement of truth which supported particulars of claim was a statement of fact. An assertion in…

A GENTLE REMINDER OF YOUR NEW YEAR'S RESOLUTIONS 3: THINK VERY CAREFULLY BEFORE SIGNING A STATEMENT OF TRUTH ON BEHALF OF A CLIENT

March 9, 2016 · by gexall · in Statements of Truth, Uncategorized, Witness statements

As part of the series reminding litigators of the new year’s resolutions  for 2016 we look at resolution number 4: “Think very carefully before signing a statement of truth on behalf of a client”.  We have already seen one case…

ISSUING WITHOUT AUTHORITY: THE DANGERS OF SOLICITORS SIGNING STATEMENTS OF TRUTH: ACTION STRUCK OUT AS AN ABUSE OF PROCESS

October 27, 2015 · by gexall · in Applications, Statements of Case, Striking out, Uncategorized

This blog has looked, several times, at the dangers of solicitors signing documents which contain a statement of truth. The risks are clearly set out in the decision of Mrs Justice Rose today in Bao Xiang International Garment Centre -v-…

THE STATEMENT OF TRUTH: DOES IT NEED "BEEFING UP": THE POLICE SAY WITNESSES DON'T UNDERSTAND IT'S SIGNIFICANCE!

August 30, 2015 · by gexall · in Applications, Civil evidence, Uncategorized

The statement of truth is central to modern litigation, and at every stage of the litigation.  However it is worthwhile considering whether, in its current form, it is effective. THE ACCIDENT EXCHANGE CASE It is worthwhile reading the judgment in…

THE IMPORTANCE OF THE STATEMENT OF TRUTH: COMMENTS IN THE ADMINISTRATIVE COURT: THE SIGNATORY CANNOT HIDE BEHIND THE DRAFTSMAN

July 17, 2015 · by gexall · in Civil evidence, Civil Procedure, Witness statements

The signing of a statement of truth is now an everyday event in litigation. With documents signed by clients, or by lawyers on behalf of their clients. Recent cases highlight the significance of the statement of truth. It is important…

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