A judgement was reported on 22nd September 2025 which highlights the importance of the preparation of statements. The Judgement signposts practitioners to Practice Directions 22A.
As many practitioners are aware the statement of truth and preparation of witness statements should be in compliance with Practice Directions 22A. If such documentation is not prepared in line with the Practice Directions or set out within the Court Order, the Court may make an order under this rule where;
a) A party or that party’s legal representative, in connection with a summary or detailed assessment, fails to comply with a rule, practice direction or court order; or
b) It appears to the court that the conduct of a party or that party’s legal representative, before or during the proceedings or in the assessment proceedings, was unreasonable or improper.
The Court may;
a) Disallow all or part of the costs which are being assessed; or
b) Order the party at fault or that party’s legal representative to pay costs which that party or legal representative has caused any other party to incur.
Before making any Orders in this regard, the Court must give the party or legal representative a reasonable opportunity to make written submissions or attend a hearing.
What does this mean for a Litigant in Person?
If you are afforded legal aid within proceedings which are before the Court. It is important to consider your witnesses statements are truthful and that you understand and can read the statement provided to you. Given you are eligible for legal aid, you also are able to instruct a solicitor to represent you within Court proceedings. At Cygnet, our solicitors will be able to assist you within the preparation of your documentation.
Giving a false account to your solicitor can result in you being held under contempt of the court for making a false statement.
Importance of obtaining Legal Advice
Witness statements are important documents which sets out your case clearly. By signing a Statement of Truth, you are stating to the Court that the document you have produced and consent to is true and made in the honest belief of the statement’s truth.
You admit by signing the statement of truth that proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement which is certified by the statement of truth.
Prepared by Cygnet Law.
