A new Application to the Court

[ScrumMaster]

I am a Claimant in a civil claim, submitted my claim and received a defence.
The Defence however did not comply with the CPRs form of Statement of Truth (SoT) and only had a half of the required wording.
The warning about making false statements was not included.

I applied to the court to strike out the defence, I suspected the foul play from the defendant's solicitors.
The judge agreed that the Statement of Truth was not compliant with CPR but dismissed my request for a strike-out saying that it was too harsh.
So the defence is left as it is and doesn't have the full SoT. I am surprised by that decision.

Can I make another application to order the defendant to amend his Claim and have the fully compliant SoT wording?
This is what I wanted from the start and I thought the judge would exercise his discretion to order the defendant just that, but he did not.

Thanks in advance.

[dslippy]

You had your go. Concentrate on what the case actually is. If it comes to a trial, you can ask the court to ask them then to be sworn to it.

[ScrumMaster]

Thank you very much for your answer.
All my fault i did not explain why it was so important to me to have a full Statement of Truth on the defence.

The defendant has lied on his defence and I want to start proceedings for contempt of the court.
I don't think one should lie on the court statements so lightly. This wording was added just recently, in 2020, in order to make it harder for people to lie.
Without the full wording he can claim that he was not aware of the consequences.

[atticus]

Win your case first. Let the judge make findings about the Defendant's evidence. Only then can you consider expensive satellite litigation.

[ScrumMaster]

Thanks Atticus.
I was thinking about it - at what stage should I let the lies be known to the court.
There is a risk that the case will not go to the trial and get settled, then it will be impossible to prosecute the defedant for lies.
It is his insurance company that will pay the settlement, and he will get away with lying just like that.
I don't think one should lie so lightly on the court documents and get away with it without suffering the consequences.

[efpom]

See
https://www.justice.gov.uk/courts/pr...es/part22#22.2
https://www.justice.gov.uk/courts/pr...rt22/pd_part22

[des8]

As atticus win your case first and then decide if it is worth making a contempt application.
Read the relevant Court Procedure Rules (https://www.justice.gov.uk/courts/pr...tempt-of-court) before making a decision

[ScrumMaster]

Thanks everyone.

[sandfordboy]

Absolutely as Atticus & Des8.