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Statement of Truth how serious?

Statement of Truth how serious?

Postby Earl » Tue May 09, 2017 7:30 am

How serious is it to make statements in a claim/defence that are out and out lies, and can be proven to be totally false yet you sign the a statement of truth.

Basically asking is this perjury?
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Re: Statement of Truth how serious?

Postby atticus » Tue May 09, 2017 7:55 am

Very serious. It can be contempt of court.

But forget that. Concentrate on proving your case. It is for the judge to determine the seriousness of any matters arising from another party's statements.

Keep your eye on the ball.
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Re: Statement of Truth how serious?

Postby atticus » Tue May 09, 2017 8:23 am

See also CPR 32.14
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Re: Statement of Truth how serious?

Postby dls » Tue May 09, 2017 12:49 pm

Keep your eye on the ball.

100%

If the statement has the conditions you refer to, the judge will pick it up. Your task is to establish the truth of what you say.

Asserting that your opponent is lying, rather than being mistaken, doubles your difficulty - not his.
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Re: Statement of Truth how serious?

Postby Earl » Tue May 09, 2017 3:16 pm

Sorry don't understand what you mean in your last lie.

This is what happened. I offered in evidence a comment that my father owned a particular property in 1988 call it 48a. I had done a quick search and not a full title search at Lands registry and mistakenly muddled 48 with 48a. 48a is not registered. Yesterday I did a title search on 48 and got the title deeds and it shows that my sister and husband bought the combined 48 and 48a, sold off 48 in 1988 and retained some land to build on to become 48a. Because of my earlier mistake my father now weaves a tale about buying 48a and building a property on it for sister and husbands use. Secondly, did a search at planning dept, and plans clearly name my brother in law. As far as I concerned two whopping lies.
seeking the planning approval.
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Re: Statement of Truth how serious?

Postby atticus » Tue May 09, 2017 3:36 pm

You are failing to see the wood for the trees.

Know what you need to prove and disprove, and concentrate on doing that.
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Re: Statement of Truth how serious?

Postby dls » Tue May 09, 2017 5:11 pm

If you say that your opponent is mistaken, you prove it on the balance of probabilities. If you say he is lying your proof must be much better, the court will need to be clearly convinced that he is deliberately lying, and the costs go up substantially. For what? Would you win if he was merely mistaken?

Memories from so long ago can certainly be mistaken.
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Re: Statement of Truth how serious?

Postby Earl » Wed May 10, 2017 1:54 pm

I do not understand 'and the costs go up substantially'.

Surely if you lie in your statement about things of substance that can be proven, (or that with a bit of effort could be found out) then no weight can be given to the rest of the statement about woolly things?
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Re: Statement of Truth how serious?

Postby atticus » Wed May 10, 2017 1:58 pm

The case becomes longer; the lawyers get to do more work; it costs more.

Your second statement is naïve. Judges frequently decide that they can accept some parts of a person's evidence even though they have rejected other parts.
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Re: Statement of Truth how serious?

Postby dls » Wed May 10, 2017 4:37 pm

There is a clear judicial string of authority recognising exactly that a lie at one pint does not mean that the rest of the evidence must be rejected.
There is a real question - exactly what has to be established to make the case. Often, we cannot say in your case, what is needed is something a long way short of asserting a deliberate lie.
Sorry, but it is a real rookie error to assert deceit unnecessarily
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