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It follows that someone who falls within CPR 32.14 is not necessarily guilty of
contempt. The fact that he verified a pleading without believing that certain factual
allegations made in it were true may but does not necessarily mean that he is a
contemnor. The general law of contempt generally requires more to be established.
Thus, as Sir Richard Scott explained in the Malgar case :-
"...... it must in every case be shown that the individual knew that what he was saying was
false and that his false statement was likely to interfere with the course of justice."
Moreover, questions of degree, of relative gravity and proportionality arise. Looking
at the facts of that case, his Lordship posed the question :-
"Does this context show an attempt to interfere with the course of justice of a sufficient
seriousness to warrant committal proceedings "
Sir Richard Scott acknowledged that :-
"...... it is important that flagrant breaches of the obligation to be responsible and truthful in
verifying statements of case and in verifying witness statements should be policed and
enforced if necessary by committal proceedings."
However, on the facts of that case
where the false statements were not persisted in,
having been abandoned a month after being made
a committal application was
considered disproportionate in all the circumstances.
The Working Party respectfully agrees with the analysis and approach in the Malgar
case. It also considers it desirable that the main features of that approach should be
made explicit in the rule providing for possible contempt proceedings as a
consequence of a false verification. Thus, the rule as expressed in the CPR might be
modified by inserting at the end of CPR 32.14(2)(b), words to the following effect: "to
be granted only if the court is satisfied that sanctions for contempt may be
proportionate and appropriate."
Notes
Running on to state as in CPR 32.14: "...... 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."
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