Preparing a Statement of Truth (UK)
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Also note: This is not legal advice.
Introduction
Definitions (feel free to skip)
Signatory - Someone who signs a document, usually to signify their agreement or approval.
Capacity - The role or capacity in which someone is signing a document.
Unambiguous - Clear and not open to multiple interpretations.
Criminal Prosecution - Legal action taken by a government against a person who has committed a crime.
Civil Liability - Legal responsibility for damages or losses caused by one person to another.
Contents
- What is a Statement of Truth?
- When should a Statement of Truth be used?
- What information should be included in a Statement of Truth?
- Name of the signatory
- The capacity in which the signatory is signing
- A clear statement that the signatory believes the facts in the document to be true
- Who should sign the Statement of Truth?
- The person who drafted the document
- The person who verified the accuracy of the facts in the document
- What is the purpose of signing a Statement of Truth?
- To confirm the accuracy of the facts in the document
- To protect the signatory from legal action if the facts in the document are proven to be false
- What are the consequences of signing a false Statement of Truth?
- Possible criminal prosecution
- Possible civil liability
- How should a Statement of Truth be formatted?
- The statement should be in the first person
- The statement should be clear and unambiguous
- What are the best practices for drafting a Statement of Truth?
- Ensure that the facts in the document are accurate
- Be thorough and check for accuracy multiple times
- Seek legal advice if necessary
- What happens if a Statement of Truth is not signed?
- The document may not be accepted by the court
- The document may be considered to be false
- How should a signed Statement of Truth be provided to the court?
- Ensure that the statement is witnessed and signed by the signatory
- Provide a copy of the signed statement to the court
Get started
What is a Statement of Truth?
- A statement of truth is a written statement that a person signs to confirm that the contents of a document are true.
- It is commonly used in the UK court system as evidence to support a claim.
- The statement of truth must be signed by the person making the statement, and should be dated.
- The statement should also include the full name and address of the person making the statement.
How you’ll know when you can check this off your list and move on to the next step:
- When you have read and understood what a Statement of Truth is, and written down the necessary details for your own Statement of Truth, you can move on to the next step.
When should a Statement of Truth be used?
- A Statement of Truth should be used when submitting a document or statement to a court, tribunal or other legal body as a statement of fact.
- The statement must be signed by the person making the statement and should include their name, address and occupation.
- You should use a Statement of Truth when you are certain of the facts and the accuracy of the information you are submitting.
- Once you have made sure you have included all the necessary information, you can check this off your list and move on to the next step.
What information should be included in a Statement of Truth?
- Name, address and occupation of the person signing the statement
- Date on which the statement is signed
- Details of the statement (e.g. the facts that are being confirmed in the statement)
- Acknowledgement that the statement is true to the best of the signatory’s knowledge
- Signature of the signatory
When you have included all the necessary information, you can check this off your list and move on to the next step.
Name of the signatory
- Write the full name of the signatory at the beginning of the Statement of Truth
- Make sure the name of the signatory is the same as the one used in the document
- If the signatory is signing on behalf of a company or other organization, include the name of the company or organization in parentheses after the signatory’s name
- Check that the signatory’s name is spelled correctly
- When you are sure that the signatory’s name is accurate and complete, you can move on to the next step.
The capacity in which the signatory is signing
- The capacity in which the signatory is signing should be explicitly stated.
- This is to ensure that the signatory understands the full extent of their legal responsibility.
- Generally, signatories should make it clear that they are signing in a personal capacity or as a representative of an organisation.
- If the signatory is signing as a representative of an organisation, they should include the full name of the organisation, their job title, and the organisation’s registered address.
- Once the capacity in which the signatory is signing has been clearly stated, the signatory can move on to the next step.
A clear statement that the signatory believes the facts in the document to be true
- Make sure the signatory reads the document carefully and is certain that the facts stated in it are true.
- Have the signatory sign the document and include the statement “I believe that the facts stated in this document are true” in the signature section.
- Check that the signatory’s signature is accompanied by a statement that shows that they understand the legal implications of signing the document.
- Review the signed document to ensure that everything is in order.
- Have the document witnessed and notarized, where required.
When you can check this off your list and move on to the next step:
- Once the signatory signs the document and includes the statement “I believe that the facts stated in this document are true” in the signature section, you can move on to the next step.
Who should sign the Statement of Truth?
• Ensure that the person signing the Statement of Truth is competent to do so – that is, they have the legal capacity to sign the document.
• The signatory should be someone with personal knowledge of the facts in the document, or who has taken reasonable steps to verify the accuracy of the facts.
• The signatory should be someone who is legally authorised to sign the document, such as a solicitor or party to the dispute.
• It is not necessary for the signatory to be the person who drafted the document.
Once you have identified the person who will sign the Statement of Truth and they have signed the document, this step can be checked off your list.
The person who drafted the document
- Verify that the person who drafted the document is authorised to do so.
- Ensure that the person is a reliable source and that they have complete knowledge of the facts in the document.
- Make sure that the drafter’s name, job title and address (if applicable) is included in the statement.
- Once all of this is in place, you will have completed this step and can move on to the next.
The person who verified the accuracy of the facts in the document
- Have the person who verified the accuracy of the facts in the document sign the Statement of Truth
- Have them sign the document in front of a witness
- The witness should also sign the document
- Make sure that the signer and witness state their full name, address and occupation
- Make sure that there is a date of signature
- Once these steps have been completed you can check this step off your list and move on to the next step.
What is the purpose of signing a Statement of Truth?
- A Statement of Truth is a document that confirms the accuracy of facts in a legal document
- It is an important document that must be signed and witnessed in order to be valid
- The person signing the Statement of Truth must verify the accuracy of the facts in the document and confirm that they are true
- The statement of truth must be signed in the presence of a witness, and the witness must also sign the document
- This is to ensure that the statement of truth is valid and cannot be challenged in court
- Once the statement of truth is signed and witnessed, it can be used in court proceedings as evidence
- Knowing when this step is complete: Once the document has been signed and witnessed by the appropriate parties, you can check this off your list and move on to the next step.
To confirm the accuracy of the facts in the document
- Carefully read through the document to ensure that all facts and statements are accurate and true
- Seek out any relevant evidence and documents to support any claims made in the document
- Check and verify that any sources cited are correct
- Have the document reviewed by another person to ensure accuracy
- When you’re confident that all the facts and statements are true, you’re ready to move on to the next step.
To protect the signatory from legal action if the facts in the document are proven to be false
- Ensure that all facts stated in the document are accurate and verifiable
- Have a legal advisor review the document to verify that all facts are accurate
- Ensure that the signatory understands the consequences of signing a false statement of truth
- Have the signatory sign the document in the presence of a witness
- Ensure that the witness signs the document, verifying that the signatory was present when signing the document
- When these steps are complete, you can check this off your list and move on to the next step.
What are the consequences of signing a false Statement of Truth?
- Falsifying a Statement of Truth is a criminal offence and can lead to possible prosecution.
- The signatory can also be held liable for civil action and may face financial penalties.
- It is important to ensure that the facts in the document are accurate before signing the Statement of Truth.
When you have confirmed that the facts in the document are accurate, you can check this off your list and move on to the next step.
Possible criminal prosecution
- Understand that if you knowingly sign a false Statement of Truth, you may be charged with contempt of court and face criminal prosecution.
- Consider the potential consequences of signing a false statement before you do so.
- Seek legal advice if you are unsure of the truthfulness of any statement before signing.
- Once you have a clear understanding of the criminal implications of signing a false Statement of Truth, you can move on to the next step.
Possible civil liability
- Research the potential civil liabilities associated with the facts of the case
- Determine if any of them could be actionable in a court of law
- Discuss any potential civil liabilities with your client to ensure they understand the consequences of making a false statement
- Make a note of any potential civil liabilities, and consider whether to include a reference to them in the Statement of Truth, or any other related documents in the case
How should a Statement of Truth be formatted?
- The statement should be written in the first person
- It should be dated
- It should be signed
- It should include a statement to the effect that the signatory believes the facts in the statement to be true
- The statement should be printed on the letterhead of the party making the statement
- It should be witnessed (in England and Wales) by a person who is not a party to the document
Once all of the above elements are included, the Statement of Truth is correctly formatted.
The statement should be in the first person
- Always use the first person when writing your Statement of Truth
- Your statement should start with “I believe that the facts stated in [this document] are true”
- Be sure to sign your name and add the date to your statement
- You can then check this step off your list and move on to the next one.
The statement should be clear and unambiguous
- Make sure the statement is written in plain language that is easily understood by a person with no specialist knowledge.
- Avoid legalese or technical language as much as possible.
- Use short, clear sentences and avoid long, complex sentences.
- Make sure the statement is precise and accurate and does not include any opinion or speculation.
- Use the active voice and avoid passive language.
- Make sure to include the relevant facts and evidence needed to support the statement.
- When the statement is complete, read it again to ensure it is clear and unambiguous.
Once you have read the statement and ensured that it is clear and unambiguous, you can check this off your list and move on to the next step.
What are the best practices for drafting a Statement of Truth?
- Read through the document to ensure that the facts are accurate and the wording is clear and unambiguous
- Make sure the statement is clearly identifiable as a Statement of Truth
- Ensure that the statement includes the full name, address and signature of the person making the statement
- Check the statement against the laws, regulations and other relevant documents
- Ensure that the statement is dated and signed in the presence of a witness
- When you have verified that the statement is accurate, comprehensive and in compliance with the relevant laws, you can check this off your list and move on to the next step.
Ensure that the facts in the document are accurate
- Carefully read through the document and double-check all facts
- Make sure all statements in the document are true and accurate
- Have someone else review the document to make sure they agree with the accuracy of the facts
- Make any necessary revisions so that all facts are accurate
- When you are confident that all facts are accurate, you can move on to the next step.
Be thorough and check for accuracy multiple times
- Read the statement of truth multiple times, checking for accuracy and ensuring that all facts are correct
- Ask someone else to review the statement of truth for accuracy
- Use legal resources to double-check for accuracy
- Once you are confident in the accuracy of the statement of truth, move on to the next step
- Keep in mind that it is important to be thorough and check accuracy multiple times in order to avoid errors
Seek legal advice if necessary
- Consider whether you need to seek legal advice on your Statement of Truth.
- Contact a lawyer or a legal firm if you need help.
- When you have received the professional advice you need, you can check this off your list and move on to the next step.
What happens if a Statement of Truth is not signed?
- If a Statement of Truth is not signed by the person making the statement then the document may not be accepted by the court.
- If you are unsure if a statement should include a Statement of Truth then seek legal advice before proceeding.
- Once you have sought the necessary legal advice and determined that a Statement of Truth is required, you can move on to the next step.
The document may not be accepted by the court
- Make sure the document you are submitting is signed and dated by the person making the statement.
- Ensure that the document includes the words ““I believe that the facts stated in this document are true”” or words to similar effect.
- Ensure that the statement is signed and dated by the person making the statement.
- Check that the statement includes the name, address, and occupation of the person making the statement.
When you have done all of the above, you can check this step off your list and move on to the next step.
The document may be considered to be false
- Ensure that all of the statements are true and accurate to the best of your knowledge before signing
- Go through the document and make sure that the facts and statements are true and accurate
- Cross-check your document with other sources to verify accuracy
- Once satisfied that the statements are true, sign the document in the presence of a witness
- Upon completion and verification, you can be confident that the document may not be considered false and can move to the next step.
How should a signed Statement of Truth be provided to the court?
- Have the statement of truth signed in the presence of a qualified witness (a solicitor, barrister or other legal professional).
- Ensure the signature is witnessed by the qualified witness writing their name, address, and profession on the document.
- Scan or take a clear digital photograph of the statement of truth with the signature and witness details included.
- Upload the scanned or photographed document to the court’s online system or submit it via post if you are unable to use the online system.
Once you have completed these steps, you can move on to the next step of ensuring that the statement is witnessed and signed by the signatory.
Ensure that the statement is witnessed and signed by the signatory
- Ask the signatory to read the statement out loud
- Ask the witness to read the statement out loud
- Ask the signatory and the witness to sign the statement
- Ensure that the signature of the signatory and the witness is accompanied by a printed name
- Make sure that the signature and printed name are dated
- When all of the above steps have been completed, the statement has been properly witnessed and signed and can be provided to the court.
Provide a copy of the signed statement to the court
- Obtain a copy of the signed statement from the signatory.
- Ensure that this copy includes the signature, date, and statement of truth.
- File the statement with the court by post, email, or online.
- Check with the court to confirm that the statement has been received.
- Once the court confirms receipt of the statement, you have completed this step.
FAQ:
Q: What is a Statement of Truth?
Asked by John on 17th April 2022.
A: A Statement of Truth is a document which states that the facts stated in it are true to the best of the signatory’s knowledge. This document is legally binding in the United Kingdom and failure to tell the truth can result in criminal proceedings. In some cases, it may be necessary to set out a statement of truth in a court action or an official document.
Q: Are there any differences between UK and US Statements of Truth?
Asked by Sarah on 10th June 2022.
A: Yes, there are differences between the UK and US Statements of Truth. In the UK, Statements of Truth are legally binding and can be used as evidence in court, whereas in the US they are not legally binding but may be used as evidence. Additionally, UK Statements of Truth are sometimes known as ““Affidavits”” whereas US Statements of Truth are known as ““Declarations””.
Q: Can an individual sign a Statement of Truth?
Asked by Michael on 22nd January 2022.
A: Yes, an individual can sign a Statement of Truth. Under UK law, an individual who is at least 18 years old and has full legal capacity can sign a Statement of Truth. The signatory must also have sufficient knowledge and understanding of the facts stated in the document to be able to confirm that they are true.
Q: What is included in a Statement of Truth?
Asked by Emily on 8th March 2022.
A: A Statement of Truth typically includes the following information: the name and address of the person signing it; a declaration that the facts stated in it are true to their knowledge; details about what aspects or parts of the statement they have knowledge about; and details about any documents or other items which support or verify their statement.
Q: What is an example of when a Statement of Truth might be required?
Asked by Matthew on 6th November 2022.
A: An example when a Statement of Truth might be required is when filing court documents or applications for official documents such as visas, passports, or permits. In such cases, it may be necessary to set out a statement of truth with all relevant facts and supporting evidence in order to ensure that all information provided is accurate and up-to-date.
Q: Are there any penalties for providing false information on a Statement of Truth?
Asked by Joshua on 4th August 2022.
A: Yes, there can be serious penalties for providing false information on a Statement of Truth in the UK. Depending on the severity of the offence, penalties can range from fines to imprisonment for up to two years or both. It is therefore important to ensure that all information provided on Statements of Truth is accurate and correct before signing them.
Q: Are there any differences between UK and EU Statements of Truth?
Asked by Joseph on 15th October 2022.
A: Yes, there may be some differences between UK and EU Statements of Truth depending on which country’s laws are applicable to the situation. Generally speaking however, both jurisdictions require similar information to be included in such documents such as name, address and confirmation that all facts stated within it are true to the best knowledge of the signatory. Additionally, both jurisdictions require that any documents or other items which support or verify statements made within it must also be included with each statement made.
Q: Does a Statement of Truth need to be signed by witnesses?
Asked by Jacob on 12th December 2022.
A: Generally no, a Statement of Truth does not need to be signed by witnesses in order for it to be legally binding in either the UK or EU jurisdictions. However, if there is an element which requires witness confirmation, then this should also be included within the document itself along with their signatures and details such as their name and address.
Q: What other documents might need to accompany a Statement of Truth?
Asked by Emma on 25th February 2022.
A: Depending on what type of legal proceedings or applications are being made, other documents may need to accompany a Statement of Truth such as copies or originals from court proceedings or other official documentation which support or verify any claims made within it. It is important that all relevant paperwork is included with each statement made so that no false information is presented during any legal process or application process.
Q: Can I make changes to my Statement of Truth after I have signed it?
Asked by Ryan on 29th July 2022.
A: No, you cannot make changes to your Statement of Truth after you have signed it without obtaining permission from either court proceedings or other relevant authorities first before doing so. Once you have signed your statement you must stand by it until you obtain permission from those authorities if you wish to make any changes at all afterwards.
Q: How do I know if my Statement of Truth has been accepted?
Asked by David on 21st May 2022.
A: Generally speaking, once your Statement has been accepted it will either receive written confirmation from court proceedings or other relevant authorities along with a copy stamped with an official seal confirming acceptance; alternatively you may receive verbal confirmation from those same authorities if written confirmation has not been received yet but acceptance has been granted nonetheless nonetheless however this does not always apply as acceptance criteria differ from jurisdiction to jurisdiction so please check with relevant authorities first before assuming either way whether your statement has been accepted or not…
Example dispute
Suing for Breach of Contract
- A statement of truth is a document that is signed by a person to confirm that the information they have provided is true and correct.
- If a plaintiff believes that the defendant has breached the contract by providing misleading or false information in the statement of truth, then the plaintiff can file a lawsuit for breach of contract.
- The plaintiff must be able to prove that the defendant has provided false information in the statement of truth, that the false information has caused them to suffer losses, and that the defendant is legally responsible for those losses.
- Depending on the severity of the breach, the plaintiff may be able to recover damages, including lost profits, legal fees, and other costs associated with bringing the lawsuit.
- If successful, the court may also order the defendant to pay punitive damages, which are designed to punish the defendant and deter them from breaching contracts in the future.
Templates available (free to use)
Witness Statement Of Truth Verifying Compulsory Liquidation
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