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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.


 


 


 

 
ADR and the Court
 
Arbitration/Adjudication

 

CPR Guide

 

Dispute Resolution Funding

 

Mediation

 

Early Neutral Evaluation

 

Privilege

 

 

 
Overriding Objective

 

Pre-action behaviour

 

Part 36 Offers to Settle

 

Claimant’s Offer & Defendant's Offer

 

Costs Consequences

 

ADR (alternative dispute resolution)

 

Mediation

 

Allocation of Cases

 

Statement of Case and of Truth

 

Summary Judgment

 

Disclosure
 
Privileged Documents

 

Case Management Conference

 

Expert Evidence

 

Costs

 

Recovery of Costs

 

Summary Assessment of Costs