The Civil Procedure Rules 1998

[F1 SECTION 6 E+W Committal for making a false statement of truth (rule 32.14) or disclosure statement (rule 31.23)

Textual Amendments

F1 Pt. 81 inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 16, Sch. (with rule 20)

Scope and interaction with other Sections of this Part E+W

81.17.— (1) This Section contains rules about committal applications in relation to making, or causing to be made—

(a) a false statement in a document verified by a statement of truth; or

(b) a false disclosure statement,

without an honest belief in its truth.

(2) Where the committal application relates only to a false statement of truth or disclosure statement, this Section applies.

(3) Where the committal application relates to both—

(a) a false statement of truth or disclosure statement; and

(b) breach of a judgment, order or undertaking to do or abstain from doing an act,

Section 2 (Committal for breach of a judgment, order or undertaking to do or abstain from doing an act) applies, but subject to paragraph (4).

(4) To the extent that a committal application referred to in paragraph (3) relates to a false statement of truth or disclosure statement—

(a) the applicant must obtain the permission of the court in accordance with rule 81.18; or

(b) the court may direct that the matter be referred to the Attorney General with a request that the Attorney General consider whether to bring proceedings for contempt of court.

(5) Where the committal application relates to both—

(a) a false statement of truth or disclosure statement; and

(b) other interference with the due administration of justice,

Section 3 (Committal for interference with the due administration of justice) applies, but subject to paragraph (6).

(6) To the extent that a committal application referred to in paragraph (5) relates to a false statement of truth or disclosure statement, the court may direct that the matter be referred to the Attorney General with a request that the Attorney General consider whether to bring proceedings for contempt of court.

Committal application in relation to a false statement of truth or disclosure statement E+W

81.18.— (1) A committal application in relation to a false statement of truth or disclosure statement in connection with proceedings in the High Court, a Divisional Court or the Court of Appeal, may be made only—

(a) with the permission of the court dealing with the proceedings in which the false statement or disclosure statement was made; or

(b) by the Attorney General.

(2) Where permission is required under paragraph (1)(a), rule 81.14 applies as if the reference in that rule to a Part 8 claim form were a reference to a Part 23 application notice and the references to the claim form were references to the Part 23 application notice.

(3) A committal application in relation to a false statement of truth or disclosure statement in connection with proceedings in a county court may be made only—

(a) with the permission of a single judge of the Queen’s Bench Division; or

(b) by the Attorney General.

(4) Where permission is required under paragraph (3)(a) rule 81.14 applies without the modifications referred to in paragraph (2).

(Under rule 81.14(6)(b), the court granting permission may direct that the application be listed for hearing before a single judge or a Divisional Court.)

(5) The court may direct that the matter be referred to the Attorney General with a request that the Attorney General consider whether to bring proceedings for contempt of court.

(6) Where the committal application is made by the Attorney General, the application may be made to a single judge or a Divisional Court of the Queen’s Bench Division.]