Statements of Truth
20/11/2009
Since CPR Update 50 came into force on 1 October 2009 there are at least three different finds of wording for Statements of Truth at the end of Expert Witnesses’ Reports, depending on which Court is hearing the case.
For Civil cases, the requirement is a statement complying with the declarations in CPR PD 3.2.9 and the mandatory wording of the Statement of Truth in CPR PD 3.3., such as:
“I understand that my overriding duty is to the court and I have complied with that duty. I am aware of the requirements of CPR Part 35, its practice direction and the Protocol for Instruction of Experts to give Evidence in Civil Claims.
“I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.”
Criminal cases are governed by the Criminal Procedure Rules (CrimPR) 27 and 33, and the new requirements were introduced on 5 October 2009 by CrimPR Update No 9. The requirement now, under CrimPR 33 is:
CrimPr 33.3(i) and (j):
• a statement that the expert understands his duty to the court, and has complied and will continue to comply with that duty; and
• the same declaration of truth as a witness statement.
There is no mandatory form of the Statement of Truth, but it must contain a declaration that:
1. any fact contained within the Report is true;
2. if a fact or facts is/are within the expert’s own knowledge or the fact that something relied upon by the expert as fact came from a source the expert identifies; and
3. the expert’s opinions are all true, to the best of the expert’s knowledge and belief.
In Family Law cases, Reports are covered by the Practice Direction for Experts in Family Proceedings Relating to Children. These have been in force since 1 April, 2008 and are covered by the Family Practice Direction No 3.11 -12. These combine to require four declarations and a form of mandatory wording. One of the requirements is for a statement that the expert does not have any conflict of interest. It will not always be possible to give this statement and under those circumstances guidance is contained in PD 3.12.
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