![]() ![]() “This is a case where whatever costs were wasted must be paid. However this shows the importance of using the correct wording. The defendant was given permission to amend. when the defendant’s solicitor had used the incorrect wording when signing the statement of truth on behalf of a client. Galdikas -v- DJ Houghton Catching Services Ltd EWHC 1367 (QB) Mr Justice Supperstone considered an application to strike out a defence.The defendants’s approach in that case was of concern to the judge because “ it indicates that a sense of the very real importance of statements of truth may have been lost in the years which have passed since they were introduced”. We looked at the case yesterday: a stark reminder was provided of the dangers of complacency when dealing with the statement of truth. In Recovery Partners GP Ltd & Anor v Rukhadze & Ors EWHC 2918 (Comm) Mrs Justice Cockerill made some important observations that apply to every aspect of litigation.The fact that paragraph 14 of the Defence contains a false statement does not, in my view, affect the decision whether or not to strike out the Defence because Mr Bleasdale signed the statement of truth by reference to his own belief, not that of the Houghton Defendants. I consider that the Houghton Defendants should be allowed to make the amendment requested rather than the Defence being struck out.The Houghton Defendants’ instructing solicitors had instructions to sign on their behalf. Mr Kennedy states that, subject to the court’s permission, an amendment will be made to the pleading to reflect that. Clyde & Co subsequently confirmed by letter of 4 December 2015 that the content of the Defence has been agreed and verified with the Defendants. Mr Kennedy submits that the error made by Mr Bleasdale is an error of form rather than substance ( Bank of Ireland v Philip Pank EWHC 284 (TCC)).There is no application to amend the Defence so the false statement is still advanced before the court. The Second Defendant had deducted money from the wages of workers to pay Mr Mankevicius for finding them employment with the Houghton Defendants. ![]() Further, and what Mr Hendy describes as “the principal deficiency here” (Claimants’ skeleton argument, para 153) is that paragraph 14 of the Defence is false, as the Second and Third Defendants must have appreciated when they authorised Mr Bleasdale to sign the statement of truth. The Claimants contend that the Defence should be struck out on the basis that Mr Bleasdale of Clyde & Co, the Houghton Defendants’ solicitors, signed the statement of truth by reference to his own belief, not that of the Houghton Defendants, contrary to 22 PD 3.7.(4) The Defence has not been verified by a proper statement of truth The judge considered one of the arguments for striking out – that the solicitor had signed the defence but not used the correct statement of truth. In Galdikas -v- DJ Houghton Catching Services Ltd EWHC 1367 (QB) Mr Justice Supperstone considered an application to strike out a defence. PEOPLE WILL NOTICE IF THE STATEMENT IS IN THE INCORRECT FORM – AND MAY TRY TO STRIKE YOU OUT ![]() 3.8 Where a legal representative has signed a statement of truth, his signature will be taken by the court as his statement: (1) that the client on whose behalf he has signed had authorised him to do so, (2) that before signing he had explained to the client that in signing the statement of truth he would be confirming the client’s belief that the facts stated in the document were true, and (3) that before signing he had informed the client of the possible consequences to the client if it should subsequently appear that the client did not have an honest belief in the truth of those facts (see rule 32.14). The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate. In relation to the lawyer signing the statement of truth the rules are clear: 3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. Here we look at the rules and some examples where issues relating to a lawyer’s signing the statement of truth has led to difficulties (in some cases irreparable difficulties).Īnyone signing a statement of truth on behalf of client should read Practice Direction 22 periodically. The lawyer has to remember (i) what they are certifying (ii) to use the correct form of words. A regular search term that leads people to this blog is “can a solicitor sign a statement of truth on behalf of a client?” The answer is yes, for some documents at least.
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