![]() Pursuant to CPR 81, Section 6, before an application for committal for contempt of Court may be made upon the basis that an alleged contemnor made a false Statement of Truth or disclosure statement, the permission of the Court is required.CPR 32.15.4 states that an affidavit should, if practicable, be in the deponent’s own words and should be expressed in the first person and should indicate which of the statements within the affidavit are made from the deponent’s own knowledge and which are matters of information and belief and the source for any matters of information or belief. The notes to the White Book (32.15.1, page 1080 (2015)) state that affidavits must be used “ where sworn evidence is required“. The CPR thus draws a distinction between Witness Statement and affidavit evidence. There is however no equivalent of CPR 81 in relation to false statements in affidavits. CPR 32.15 provides that evidence must be given by affidavit, instead of or in addition to a Witness Statement, if this is required by a Court, or a provision contained in any other rule, a practice direction or in an enactment. ![]() CPR 81, Section 6, contains provisions in relation to committal for making a false Statement of Truth and these include the obligation to obtain the permission of the High Court or the Attorney General before the making of an application for Committal. Pursuant to CPR 32.24 proceedings for contempt of Court may be brought against a person if he makes, or causes to be made, a false statement in a document verified by a Statement of Truth without an honest belief in its truth. ![]() He submitted that in such circumstances the Claimant was bound to obtain the consent of the High Court prior to the bringing of the application and in default thereof the application was a nullity. Mr Solomon characterised the application as “hybrid”. The second matter raised by Mr Solomon, for the Defendant, was that the application was an abuse because it was predicated upon the mixture of violations of Court Orders, failure to act truthfully or honestly in Witness Statements, and failure to act truthfully or honestly in affidavits.THE JUDGMENT ON THE COMMITTAL APPLICATION (c) Whether the application is a nullity? Permission of the Court is not required to bring committal proceedings when an application to commit is based solely upon false statements made in an affidavit.The claimant sought summary judgment (which it obtained in part) and committal of the defendant. These falsehoods were admitted in a later affidavit. It transpired that the information in those documents was true as was the information in the Defence, which was supported by a statement of truth. The defendant filed a witness statement and affidavit in response to an application for an injunction. The claimant brought an action against a former employee and others claiming breach of restrictive covenants and breach of confidential information. In International Sports Tours -v- Shorey EWHC 2040 (QB) Mr Justice Green considered some interesting issues relating to committal for contempt, witness statements and affidavits.
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