Affirmation 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...

In this issue: Third party rights Projects Contract law Planning Daily and weekly news alerts New and updated content Construction trackers Third party rights Third party rights—welcome guidance from the high court (HNW Lending v Lawrence) In HNW Lending Ltd v Lawrence [2025] EWHC 908 (Ch), the judge, Lenon KC, noted a marked scarcity of authority on section 1(1) of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999). While that is an accurate point, he could just as well have remarked (though did not) that this shortage of case law spans the Act as a whole, not solely C(RTP)A 1999, s 1(1). This is striking given the increasingly common reliance on the C(RTP)A 1999 in commercial arrangements—and arguably most often in construction contracts—since it came into force in 1999. The decision is, accordingly, especially welcome and, in this insight, Kevin Henderson, associate at BCLP, considers what we can take from it. See News Analysis:...

In this issue: Key developments and horizon scanning Transferring property Investigating title Residential property Commercial real estate finance Property development Environment, energy and buildings Property taxes Property in Wales Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q&As Property Highlights 2025/2026 Key developments and horizon scanning BPF opposes upward-only rent review ban in English Devolution and Community Empowerment Bill The British Property Federation (BPF) has voiced its opposition to provisions in the English Devolution and Community Empowerment Bill that would prohibit upward-only rent reviews in all new commercial tenancies. The Bill had its second reading in the House of Lords on 8 December, with committee stage scheduled for 20 January 2026 (see Trackers). The BPF says the proposal arrived without consultation or an evidence base and does not resolve the cited issue of faltering high streets...

In this issue: Enforcing security and property insolvency Disputes and remedies Electronic communications Key developments and horizon scanning Repairing obligations and dilapidations Property disputes in Scotland Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Property Disputes Highlights 2025/2026 Enforcing security and property insolvency Affirmation of bank's security in mortgage breach proceedings (Ashrafi v Belmont Green Finance) In Ashrafi v Belmont Green Finance [2025] EWHC 3247 (Ch), the Chancery Division rejected the appeal brought by Mr and Mrs Ashrafi, thereby upholding a possession order in favour of Belmont Green Finance (the Bank) over their property. Unable to secure a mortgage themselves, they arranged for Mrs Ashrafi’s brother, Mr Shabir, to take out the loan on the property. The Bank released funds in March 2019; however, the repayment obligations were not satisfied, and the...

Introduction This Practice Note is part of our LLB Contract Law suite, aimed at students. In contract law, a vitiating factor is something that damages the legal validity of the consent needed for a binding agreement. One such factor is misrepresentation, where one party makes a false statement to another. This Practice Note outlines misrepresentation in English contract law, showing how inaccurate pre-contract statements undermine real consent and render contracts voidable rather than void. It sets out the elements of an actionable claim (a false statement of fact or law, inducement and attribution), separates fraudulent, negligent and innocent misrepresentation, and reviews the key cases alongside the Misrepresentation Act 1967. Particular emphasis is placed on remedies, especially rescission and damages, and on the equitable bars to rescission (affirmation, lapse of time, impossibility of restitution, third-party rights and judicial discretion). Throughout, it brings together judicial reasoning, policy considerations and exam-focused guidance, illustrating how modern case law balances fairness to the misled party with certainty in commercial transactions. Overview Definition and...

Introduction This Practice Note forms part of our LLB Contract Law series, carefully tailored with law students in mind. It examines the doctrine governing the discharge of obligations, with particular attention to discharge by performance and by breach, setting these within the wider context of contractual termination. It considers the thresholds for valid performance, such as strict compliance, substantial performance, entire versus divisible obligations, and the importance of time clauses where relevant. It then assesses breach of contract in its forms (actual and anticipatory) and identifies when breach is grave enough to justify termination by the innocent party, with close treatment of conditions, warranties, and innominate terms. The Practice Note also tackles the doctrine of election, the perils of wrongful termination, and the effects of acceptance in sale of goods contracts. Throughout, it weaves in leading authorities and statutory rules to show how the law mediates certainty with fairness. By blending doctrinal exposition with judicial reasoning and critical perspective, the Practice Note aims to equip students with the analytical...

This Practice Note explains when permission is needed to bring contempt proceedings under CPR 81 (also known as ‘committal proceedings’), together with the manner and forum in which any application for permission should be made. It also considers the proper forum for contempt proceedings more broadly. Types of case requiring permission CPR 81.3(5) states that leave to pursue contempt is only necessary in two categories: interference with the due administration of justice, save in relation to ongoing High Court or County Court proceedings; and an allegation that a person knowingly made a false statement in any affidavit, affirmation or other document verified by a statement of truth, or in a disclosure statement For more information on these types of contempt, see: and False statements. CPR 81.3 specifies the court to which the permission application should be directed, where permission is required—see: Permission and forum. Permission and forum Contempt application concerning knowingly making a false statement, etc, relating to existing...

I am pleased to enclose a letter from the Home Office confirming that your application for naturalisation to British citizenship has been approved. I am also enclosing your citizenship invitation letter; please read the invitation with care. Citizenship ceremony Unless you have applied under the Windrush Scheme and do not wish to attend a citizenship ceremony, arrange your citizenship ceremony date with the local authority listed on your invitation as soon as you can. You must attend your citizenship ceremony within three months of the date of receiving your citizenship invitation. If you fail to do so, and have not agreed an extension with the Home Office, you will be required to submit a fresh application for naturalisation...

[ Insert in para 6.1 of response form ET3: ] It is [ accepted OR not accepted OR denied ] that the Claimant worked for the Respondent as [ insert job title, eg ‘a financial analyst’ or ‘an insurance sales manager’ ] from [ insert start date of employment ] until [ end date of employment ] [ at its [ insert details of particular office or location, eg ‘London Headquarters in Canary Wharf’ ] ]. It is [ accepted ] that the Respondent is [ insert brief description of the nature of the Respondent, eg a global investment bank ]. The Respondent disputes that the Claimant was constructively unfairly dismissed [ and/or wrongfully dismissed ], as alleged or at all. [ [ EXAMPLE A (Response to alleged breach of term of trust and confidence): ] It is acknowledged that the Claimant’s contract of employment, dated [ insert date ], contained an implied term that the Respondent would not, without reasonable and proper cause, act...

Background A statutory declaration is a solemn, formal affirmation of fact made other than for judicial proceedings. In practical application, the making of a statutory declaration is a recognised means of proving or evidencing matters of fact, and it is employed in non‑litigious proceedings, where, for those purposes, it fulfils the same role as affidavits do in litigious proceedings. Making a declaration We have been unable to identify any authority suggesting that statute sets restrictions on the person who may make a declaration...