A statement of truth is a statement that the person making it believes the facts stated in a document are true. That definition comes from CPR 22.1(4), and Part 22 of the Civil Procedure Rules requires one on statements of case, witness statements and a list of other documents, including expert reports. Each prescribed form ends with a warning that a false statement made without an honest belief in its truth can lead to proceedings for contempt of court. This guide gives the exact wording for each document, explains who can sign and whether a witness is needed, and covers what happens when a statement of truth is false, with a section on the expert report version.

The practical bottom line

  • What it is. A signed, dated statement that the maker believes the facts in the document are true (CPR 22.1(4)).
  • Where it is needed. Statements of case, witness statements, expert reports, personal injury schedules of loss and several other documents (CPR 22.1, PD22 para 1.1).
  • The wording. Prescribed by Practice Direction 22 for most documents and by Practice Direction 35 for expert reports. Use the form for the document in front of you.
  • Who signs. The party, litigation friend or legal representative for a statement of case; the witness for a witness statement; the expert for an expert report.
  • Witnesses. None needed, unless the maker cannot read or sign the document (CPR 22.1(9)).
  • If it is false. Contempt of court proceedings are possible with the court's permission (CPR 32.14, CPR 81.3(5)(b)).

What is a statement of truth?

A statement of truth is what turns a document into evidence the court can rely on. The maker confirms their belief that the facts in it are true, signs and dates it, and accepts the risk of contempt proceedings if they did not honestly believe it. No oath and no witness is involved, which is what separates it from an affidavit, a sworn statement made before a person authorised to administer oaths. Where a form already includes a jurat for an affidavit, a statement of truth is not needed as well (PD22 para 1.2).

HM Land Registry adopted statements of truth in 2008, following the civil courts, and uses them for a different purpose, covered briefly at the end of this guide.

Which documents need a statement of truth?

CPR 22.1(1) lists the documents that must be verified:

  • a statement of case, such as a claim form, particulars of claim or defence;
  • a witness statement;
  • an acknowledgement of service in a claim using the Part 8 procedure;
  • a certificate of service;
  • a contempt application under Part 81;
  • any other document where a rule or practice direction requires one.

Amendments to a statement of case must also be verified unless the court orders otherwise (CPR 22.1(2)), and an application notice needs one if the applicant wants to rely on its contents as evidence (CPR 22.1(3)). Practice Direction 22 adds further documents (para 1.1), including application notices for third party debt orders and charging orders, a schedule or counter-schedule of expenses and losses in a personal injury claim, and an expert's report.

What is the correct wording for a statement of truth?

The wording depends on the document. These are the forms in the practice directions, with the bracketed options to complete.

Statement of case, application notice, certificate of reasons or notice of objections (PD22 para 2.1):

"[I believe] [the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. [I understand] [The (claimant or as may be) understands] 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."

Witness statement (PD22 para 2.2):

"I believe that the facts stated in this witness statement are true. 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."

Expert's report (PD35 para 3.3):

"I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.

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."

Costs budget (PD22 para 2.3):

"This budget is a fair and accurate statement of incurred and estimated costs which it would be reasonable and proportionate for my client to incur in this litigation."

The contempt sentence was added to the standard forms from 6 April 2020, so templates older than that are out of date. Whatever the form, three formal rules apply:

  • Date. A statement of truth must be dated with the date on which it was signed (PD22 para 2.7).
  • Language. The statement of truth on a witness statement must be in the witness's own language (PD22 para 2.6).
  • Separate documents. A statement of truth outside the document it verifies must clearly identify that document (CPR 22.1(7)). It must be headed with the title of the proceedings and the claim number, and describe the document, for example "the witness statement filed on [date]" (PD22 para 2.5).

Who can sign a statement of truth?

  • Statement of case or application. The party or their litigation friend, or the legal representative on their behalf (CPR 22.1(6)(a)).
  • Witness statement. The maker of the statement (CPR 22.1(6)(b)). Nobody else can confirm a witness's own account.
  • Expert's report. The expert. The PD35 form is written in the first person and confirms the expert's own knowledge and opinions.
  • Company or corporation. A person holding a senior position, such as a director, secretary, chief executive or manager, who must state the office held (PD22 paras 3.1 and 3.2).
  • Partnership. Any partner, or a person who controls or manages the business (PD22 para 3.3).
  • Insurers. An insurer or the Motor Insurers' Bureau with a financial interest may sign a statement of case on a party's behalf (PD22 para 3.4).

A legal representative who signs for a client signs in their own name, states the capacity in which they sign, and refers to the client's belief. By signing, they are taken to confirm that the client authorised them and that they explained the meaning of the statement and the consequences of a false one (PD22 paras 3.6 to 3.9). Whoever signs must print their full name clearly beneath the signature (PD22 para 3.8).

Does a statement of truth need to be witnessed?

No. The person making it signs and dates it, and nobody needs to witness the signature. The one exception is a person who cannot read or sign the document for a reason other than language alone. The document must then carry a certificate from an authorised person, someone able to administer oaths and take affidavits, confirming that the document and the declaration were read to the person, that they appeared to understand both and the consequences of a false declaration, and that they signed or made their mark in the authorised person's presence (CPR 22.1(9), PD22 para 2.4).

Electronic signatures are covered by CPR 5.3: where a rule or practice direction requires a document to be signed, the requirement is met if the signature is printed by computer or other mechanical means.

What happens if a document is not verified?

  • Statement of case. It remains effective unless struck out, but the party cannot rely on it as evidence of anything it contains, and the court may strike it out (CPR 22.2).
  • Witness statement. The court may direct that it is not admissible as evidence (CPR 22.3).
  • Any document in CPR 22.1. The court may order the person to verify it, and any party may apply for that order (CPR 22.4).

What happens if a statement of truth is false?

CPR 32.14 provides that proceedings for contempt of court may be brought against a person who makes, or causes to be made, a false statement in a document prepared in anticipation of or during proceedings and verified by a statement of truth, without an honest belief in its truth. The words "causes to be made" reach beyond the signatory, to anyone who arranges for a false statement to be put forward.

Those proceedings need the court's permission (CPR 81.3(5)(b)). On a finding of contempt, a superior court, which for this purpose includes the county court, can commit a person to prison for up to two years (Contempt of Court Act 1981, s14).

The leading case on an expert's statement of truth is Liverpool Victoria Insurance Co Ltd v Zafar [2019] EWCA Civ 392. Dr Zafar, a GP with a high-volume medico-legal practice producing about 5,000 reports a year, examined a claimant after a road traffic accident and reported that he had fully recovered within a week. After the claimant's solicitor asked him to review the prognosis, a revised report was produced the same day. It bore the original date, gave no sign that it had been amended, carried the identical declaration and statement of truth, and described ongoing symptoms that the original did not.

Garnham J found ten grounds of contempt proved and imposed six months' imprisonment, suspended for two years. The Court of Appeal held that sentence unduly lenient: the term should have been significantly longer, at least nine months, and served immediately. It declined to increase the sentence, principally because its judgment gave sentencing guidance that had not been available before, and it would have been unfair to apply that guidance against him.

A statement of truth turns a document into evidence. Read the final version, check it against the records, and sign it last.

The statement of truth in an expert report

The expert's form in Practice Direction 35 (para 3.3) differs from the standard form because an expert's report contains two kinds of content: facts, and opinions on them. Each sentence does a separate job:

  • "I have made clear which facts and matters referred to in this report are within my own knowledge and which are not." This depends on the report itself doing that work. Paragraph 3.2(4) of PD35 requires the report to make clear which facts are within the expert's own knowledge, so facts taken from the records, witness statements or the claimant's account need their source.
  • "Those that are within my own knowledge I confirm to be true." Typically the findings of the expert's own examination.
  • "The opinions I have expressed represent my true and complete professional opinions." True means the opinion is the expert's own. Complete means nothing material has been left out, including points that cut against it.
  • The contempt warning. The same sentence that appears in every other form.

The statement of truth sits alongside, and does not replace, the declaration that the expert understands and has complied with their duty to the court and is aware of Part 35, the practice direction and the Guidance for the Instruction of Experts in Civil Claims 2014 (PD35 para 3.2(9)). Our guide to writing an expert witness report covers where both go, and our guide to CPR 35 covers the rest of the report requirements.

Three situations call for particular care:

  • Amended reports. An amended report needs its own dated statement of truth and should say that it is amended and why. The revised report in Zafar did neither.
  • Answers to Part 35 questions. They are treated as part of the report and are covered by its statement of truth (CJC guidance, para 68). See our guide to Part 35 questions.
  • Requests from the instructing party. The CJC guidance says experts may be invited to amend a report to ensure accuracy, clarity, internal consistency, completeness and relevance, and should not be asked to change it in a way that distorts their true opinion (para 65). Practice Direction 35 expects evidence that is the independent product of the expert, uninfluenced by the pressures of litigation (para 2.1).

Statements of truth for HM Land Registry

HM Land Registry also accepts statements of truth, as evidence in support of applications such as registration based on adverse possession, an alternative to a statutory declaration since November 2008. It provides forms ST1 to ST5 for the common cases, and its practice guide 73 sets out the requirements for a freestanding statement. Those rules are separate from the CPR, so use the Land Registry guide for a Land Registry application.

How ALLDOQ fits

The expert's statement of truth confirms that the report shows which facts are within the expert's own knowledge and which come from elsewhere. ALLDOQ gives medico-legal experts one secure workspace for each instruction: the records and instructions in one place, a chronology with every entry linked to its source page, and a report builder, so each fact in the report can be traced to where it came from before the expert signs. Book a walkthrough to see it on a real instruction.

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