Editorial: Statements of Truth - Aidan Ellis, Temple Garden Chambers

26/05/14. Where a witness has some conversational but imperfect English, whether or not to seek assistance from an interpreter can be a difficult decision. But the consequences of failing to get a statement of case or witness statement properly verified may be severe and it is therefore worth revisiting the key provisions.
In terms of witness statements and statements of case, the position should be clear. Practice Direction 22A paragraph 3A provides that where a person is “unable to read or sign” a document, it must contain a certificate by an authorized person stating, inter alia, that the document has been read to the individual and they appeared to understand it. The threshold is thus set high. An additional certificate is only required where a person is actually...
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