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The
details of the claim and defence are set out in Statements of
Case. These must include a concise account of all the relevant
facts. Parties are not permitted simply to deny everything without
setting out their own version of events. Statements of case (which
expression includes both the claim and the defence and other documents
such as witness statements) must include a statement of truth
(“I believe that the facts stated are true”). The
statement of truth can be signed by you or a senior person in
your company. We can sign statements of truth where you have authorised
us to do so. If we do sign on your behalf, we will be confirming
your belief that the facts stated are true. It is essential to
establish the facts and surprising how easy it is to be misinformed.
If you do not have an honest belief in the truth of the facts
stated, proceedings may be brought against you for contempt of
Court, the penalties of which are imprisonment or a fine. Alternatively,
the claim or defence could be struck out and costs orders made
against you. If statements of case have to be amended the party
causing the amendment will have to pay their opponent’s
costs of the change and in some circumstances may be prevented
from making any amendment.
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