Application notice N244: with guidance notes | Practical Law

Application notice N244: with guidance notes | Practical Law

Statement of truth: Following the 113th Practice Direction (PD) Update and the 122nd PD Update, the wording of a statement of truth has been amended (see Practice note, Statements of truth: Wording of statement of truth).

Application notice N244: with guidance notes

Practical Law UK Standard Document 0-383-8124 (Approx. 5 pages)

Application notice N244: with guidance notes

Maintained, England, Wales
Statement of truth: Following the 113th Practice Direction (PD) Update and the 122nd PD Update, the wording of a statement of truth has been amended (see Practice note, Statements of truth: Wording of statement of truth).
PD 22.2.1 specifies that a statement of truth in various documents, including an application notice, should say:
"[I believe] [the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands 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."
The person signing the statement of truth must sign and print their name under the signature (PD 22.3.8), and the statement of truth must also be dated with the date on which it is signed (PD 22.2.7).
HMCTS has not updated the statement of truth on this form; it is recommended that practitioners consider using the Word version of this form with the updated statement of truth, before filing the form with the court. (CPR 4(3) allows such changes to court forms.)
In addition, the only signature box in the updated N244 appears under the heading "Statement of Truth", which appears to overlook the longstanding requirement, in PD 23A.2.1, that the N244 must be signed, regardless of whether or not a statement of truth is required. Practitioners should ensure that the N244 is signed in accordance with PD 23A.2.1 (whether or not a statement of truth is required).