Nothing to do with COVID-19! CPR Update – stay on top of the new rules for statements of truth and more...
Even though we are all getting up to speed with new ways of working during the COVID-19 pandemic we shouldn’t forget to keep abreast of procedural changes generally.
The 113th CPR update was published in January 2020 and makes 4 important changes to:
(1) the form of all statements of truth on statements of case and witness statements;
(2) the rules relating to the evidence of witnesses who do not speak English or whose evidence is not given in English;
(3) the mandatory content of a witness statement and the date of its signature and;
(4) specific matters that must now be pleaded in all cases claiming credit hire damages.
New statement of truth:
The additional words which must be inserted after the statement of truth in all statements of case (there is no change to the statement of truth required for a costs budget) and all witness statements are as follows:
“I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a full statement in a document verified by a statement of truth without an honest belief in its truth.”
Witnesses who cannot speak English or give their evidence in English:
Paragraph 2.4 of PD22 will now direct that the statement of truth must be in the witness’s own language and at the top of any witness statement that has been translated from another language the heading on the right hand corner must now include the date of the translation. Rather than filing an affidavit the translator must now sign the original statement and must certify that the translation is accurate.
How the statement was made and the date of its signature:
To avoid the doubt that prevailed in the old rules the statement of truth must be dated with the date on which it was signed. Any witness statements taken from a witness must also now include a statement as to the process by which it has been prepared, for example, face-to-face, over the telephone, and/or through an interpreter.
Credit hire claims:
A new paragraph 6.3 in PD 16 is added which relates to any claim for the hire of a replacement vehicle following an RTA and directs that the particulars of claim must now state the relevant facts in relation to (1) the need for the replacement vehicle both at the start of the hire as well as throughout the period of hire claimed at the relevant time; (2) the period of hire claimed (providing the start and end of the hire period); (3) the rate of hire claimed; (4) the reasonableness of the period and rate of hire; and (5) any claim to impecuniosity (if the claim relates to credit hire).
All of these changes come into effect on 6 April 2020.
Stay healthy all!