Change in the rules for expert witnesses

  • Published: September 03, 2020
  • Author: Paul Sankey, Enable Law

Statements of Truth: A Change in the Rules

Experts are required to verify their reports with a statement of truth. That duty is set out at CPR Practice Direction 35 paragraph 3.3.

From 1st October 2020 the rule is changing. The expert’s statement of truth must now acknowledge that proceedings for contempt of court may be brought against anyone making a false statement.

The full wording is set out below, with the additional wording in italics.

“I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer. 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.”

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