Affidavit meaning

Background Statutory declarations form an essential component of insolvency processes, arising most frequently when a company proceeds by members’ voluntary liquidation (MVL) under section 89 of the Insolvency Act 1986 (IA 1986), and also when administration is commenced by an out-of-court appointment in accordance with the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17. Section 20 of the Statutory Declarations Act 1835 (SDA 1835) sets out the required form of the declaration, as contained in the Schedule to that Act. Under SDA 1835, s 19, a fee is payable, the amount of which is fixed by the Commissioners for Oaths (Fees) Order 1993, SI 1993/2297. The fee is £5 for taking an affidavit, declaration, or affirmation, together with an additional £2 for each exhibit referred to therein that must be marked, or for every schedule that is required to be marked. Save for prescribing the template of the statutory declaration and making provision for the relevant fees, no further formal requirements are stipulated. Accordingly, the...

This Checklist sets out a recommended approach for dealing with and responding to a freezing injunction. It serves as a starting point, highlighting the key issues you should consider when preparing your response. It is assumed that: the freezing injunction was made pre-action and without notice; and your client is the defendant in the underlying substantive claim For further guidance on freezing injunctions generally, see the following Practice Notes: Freezing injunctions—guiding principles Freezing injunctions—the application Freezing injunctions—the draft order Ensuring you have all the necessary documentation The applicant should have provided, at the very least, the following documents: the application notice the affidavit(s) in support the sealed order a transcript of the hearing the skeleton argument (if one was used at the hearing) If any of the above are missing, request them from the applicant’s solicitors as a matter of urgency. You will need...

What are the practical implications of this case? The court emphasised that a committal application is not about any contempt in general, but whether the claimants have proved, to the criminal standard, the particular contempt specified in the application notice. Where no amended notice exists, yet the contempt argued in submissions departs from that notice, appellants are not entitled to advance that alternative case, consistent with the heightened standard of procedural fairness required in such proceedings (para [48]). The court also affirmed the lower court’s conclusion that, where satisfying the criminal standard properly hinges on expert evidence of foreign law, the absence of such expert material is fatal to the application (paras [51]; [58]). Finally, although the language deployed in an affidavit was excessive, within the setting of long-running, vituperative litigation this was insufficient to meet the requirements for indemnity costs. What was the background?...

Pop v Foristal and J Ryan Haulage Ltd [2024] IEHC 179 What are the practical implications of the case? This ruling clarifies principles governing discovery of medical records. No distinction is drawn between pre- and post-accident records except where they overlap with privileged material. Privilege is not a ground to refuse discovery; it should instead be asserted in the affidavit of discovery. While that may suggest any medical records are amenable to discovery, the court emphasised they are not automatically discoverable in every case. Relevance and necessity must be established by voluntary request before issuing any discovery motion. An overlap with injuries before or after the accident cannot be presumed; a request on that basis must specify the issues it concerns and exhibit evidence on affidavit. The court found that merely citing a medical report in a discovery request was insufficient, and in this instance it was being asked to speculate as to relevance. Where a limited defence is delivered, a discovery request needs to be more thorough...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

This Practice Note introduces freezing injunctions, explaining what they are and the different types that can be applied for. For guidance on making and responding to an application for a freezing injunction, see the following resources listed in this section: Practice Note: Freezing injunctions—the application Practice Note: Freezing injunctions—the draft order Applying for a freezing injunction—checklist Responding to a freezing injunction—checklist Precedent: Affidavit in support of a freezing injunction Precedent: Affidavit in opposition to the continuation of a freezing injunction granted without notice For examples of judgments addressing these principles in more detail, see the following Practice Notes listed below: Freezing injunctions—illustrative decisions Freezing injunctions—key and illustrative decisions (2020–2024) [Archived] What is a freezing injunction? A freezing injunction (or freezing order) is an interim order restraining a respondent from taking assets out of the jurisdiction (ie England and Wales) and/or from dealing with assets wherever they are situated (CPR 25.1(1)(f)). Freezing...

Legal validity of Wills In Scots law, a testamentary writing made after 1995 is treated as valid and self‑proving where the following requirements are met: the testator has signed every page the signing took place in the presence of a witness the witness signed the final page The absence of one or more of these features is not fatal, provided the testator did sign the document. If so, anyone with an interest (for example, an executor or beneficiary) may ask the court to ‘set up’ the writing. This can be done by summary application in the Sheriff Court, or incidentally within other proceedings, and in practice is often pursued when applying for confirmation. The burden of proof rests on the applicant, and evidence will usually be by affidavit unless the court directs otherwise. A decree has the effect of creating a presumption that the document was subscribed by the person granting it. Grant of confirmation Confirmation is the...

[ DETAILS OF DEPONENT ETC. ] IN THE [ COURT ] Claim no. : [ insert claim number ] BETWEEN: [ Insert claimant’s name ] Claimant AND [ Insert defendant’s name ] Defendant AFFIDAVIT OF [ NAME ] I, [ FULL NAME ], of [ ADDRESS ], swear as follows: I provide this affidavit in reply to the [ Claimant’s OR Defendant’s ] application for the inspection of documents dated [ insert date ]. [ I am [ a solicitor registered to practise in England and Wales ] at [ law firm ], and I represent the [ Claimant OR Defendant ] in these proceedings. ] [ I am the [ Claimant OR Defendant ]. ] ...

Affidavit in support of sponsor licence application for [ insert full name of the applicant UK organisation ] I, [ insert full name of deponent (who must be a senior executive or senior partner in the applicant UK organisation ) ], of [ insert address at which they work ], do solemnly swear and state the following: I serve as the [ position title ] at [ full name of applicant UK organisation ], whose main place of business...

Submitted on behalf of the Respondent/Defendant [ insert initials and surname of deponent ] Affidavit number: [ insert the sequence of this affidavit for that deponent, e.g. first ] Exhibits: [ insert identifying initials and the number of each exhibit mentioned ] Date: [ insert date sworn or affirmed ] Claim No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] ] [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY ] Between: [ insert name ] Applicant/Claimant and [ insert name ] Respondent/Defendant [ insert number of affidavit, e.g. FIRST ] AFFIDAVIT of [ insert full name of deponent ] [ On behalf of the Respondent/Defendant ] I, [ insert full name of deponent ], [ [ insert job title ] at [ insert name of employer ], of [ insert work address ] OR of [ insert residential address ] ], [ STATE...