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Where a document containing a statement of truth is to be signed by a person
who is unable to read or sign the document, it must contain a certificate made by
an authorised person.
Consequences of failure to verify: -
4.1
445,
If a statement of case is not verified by a statement of truth, the statement of case
will remain effective unless it is struck out, but a party may not rely on the
contents of a statement of case as evidence until it has been verified by a
statement of truth.
4.2
Any party may apply to the court for an order that unless within such period as
the court may specify the statement of case is verified by the service of a
statement of truth, the statement of case will be struck out.
4.3
The usual order for the costs of an application referred to in paragraph 4.2 will be
that the costs be paid by the party who had failed to verify in any event and
forthwith.
Penalty: -
5
Attention is drawn to rule 32.14 which sets out the consequences of verifying a
statement of case containing a false statement without an honest belief in its
truth, and to the procedures set out in rule 81.18 and paragraphs 5.1 to 5.7 of
Practice Direction 81 – Applications and proceedings in relation to contempt of
court.
Possession etc. of articles for use in frauds, Fraud Act 2006: -
(1) A person is guilty of an offence if he has in his possession or under his
control any article for use in the course of or in connection with any fraud.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months
or to a fine not exceeding the statutory maximum (or to both);
(b) On conviction on indictment, to imprisonment for a term not exceeding 5
years or to a fine (or to both).
7. Fraud act
Making or supplying articles for use in frauds
(1) A person is guilty of an offence if he makes, adapts, supplies or offers to
supply any article—
(a) knowing that it is designed or adapted for use in the course of or in
connection with fraud, or
(b) Intending it to be used to commit, or assist in the commission of, fraud.
(2) A person guilty of an offence under this section is liable— (a) on summary
conviction, to imprisonment for a term not exceeding 12 months or to a fine not
exceeding the statutory maximum (or to both);
(b) On conviction on indictment, to imprisonment for a term not exceeding 10
years or to a fine (or to both).
8. Fraud Act
“Article” (1) For the purposes of— (a) sections 6 and 7, and (b) the provisions
listed in subsection (2), so far as they relate to articles for use in the course of or
in connection with fraud, “article” includes any program or data held in
electronic form.