I read with interest Myles Hickey’s complaint about a court returning a claim form on the day of limitation as it was not verified by a statement of truth.

Mr Hickey’s argument that a claim form is not in itself a statement of case and that it need not be verified by a statement of truth appears to enjoy some popularity in the profession.

Sadly, it is an example of the court clerk being right and the solicitor being wrong. CPR 2.3(1) explains that a statement of case ‘means a claim form, particulars of claim where these are not included in a claim form, defence, Part 20 claim, or reply to defence’.

Each must be verified by a statement of truth.

There is no requirement that the statement of truth be on the claim form where the attached particulars of claim identify the claim form and contain a statement of truth attesting to the claim form – see 22PD2.3(1).

However, that seems an inherently risky strategy for a lone claim form.

Where a claim form is filed with particulars of claim to follow, I advise colleagues who share Mr Hickey’s concerns to amend the statement of truth in line with 7APD.7 to read: ‘I believe the facts stated in this claim form are true.’

Morgan Rees, Bell Lax, Sutton Coldfield