Statements of Truth – Personal Injury Claims* Litigation Actions
A number of changes were brought about by the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 in response to pandemic challenges, but one of the changes relates to a document titled the Statement of Truth which is now relevant for persons in personal injury claim* legal actions.
In August 2020 since the introduction of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 we now have what are termed Statements of Truth in personal injury claims* legal cases.
Section 21 of the Act deals with Statements of Truth which can be seen here.
This statement of truth is one of the legal reform responses to the pandemic.
Up until this point we have had in personal injury claim* civil law cases the requirement of Verifying Affidavits in each personal injury* action. This required witnesses in civil law cases to swear a religious oath in an affidavit.
One of the many problems that arose in the pandemic was the difficulty of affidavits being sworn on oath, as this process requires a meeting in person with a solicitor/commissioner for oaths etc., with all the problems of humans being in the same room together and the pandemic infection risk.
Law reform decision makers decided upon Statements of Truth in civil law personal injury claim* cases which means that statements of truth can be transmitted to courts offices by electronic means which can replace verifying affidavits or statutory declarations.
The effect of the signed statement of truth is the person making it confirms the facts included in the document are true ie that the person has an honest belief the facts are true.
The statement of truth must be signed by person making it, which can be effected in electronic format.
If a person makes a statement of truth they know to be false, they may be guilty of an offence and liable to summary or indictable conviction, or proceedings for contempt of court.
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.