We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
From 6 April 2020, the practice direction that governs statements of truth for witness statements and statements of case is changing.
From this date, all witness statements should now have the following text before the signature and date of the witness:
“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.”
And all statements of case (e.g. particulars of claim, defences, replies to defences) and certificates of service should have the following text before the signature and date:
“[I believe] [the (claimant or as may be) believes] that the facts stated in this [name document being verified] 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.”
We suggest that you check all of your precedents to ensure these updates are reflected and take care if using an earlier case to draft new documents to ensure the wording is updated.
We expect that Court forms on the government website will be updated to reflect these changes.
For further information, please contact the Housing Litigation Team on 0121 212 7400.
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