header-logo header-logo

Judicial line: 30 November 2007

29 November 2007
Issue: 7299 / Categories: Features
printer mail-detail

This week: Affidavit formalities; ancillary relief conduct; waiting place for witnesses; bankruptcy for unliquidated claims; small claim expenses.

AFFIDAVITS: SOURCE OF INFORMATION AND BELIEF

In In re J L Young Manufacturing Company Limited [1900] 2 Ch 753, the Court of Appeal held that an affidavit of evidence given on information and belief without indicating the source, was inadmissible as evidence whether on an interlocutory or final application. CPR 32PD4.2 (2) still requires an affidavit to indicate the source of any matters of information and belief and 18.2(2) provides the same in relation to witness statements. Is Re J L Young still good law or has something in the CPR or the civil evidence legislation eroded its effect?

We regard Re J L Young as still good law although more honoured in the breach than the observance. The requirement has been carried through into CPR PD32 and in respect of both affidavits and witness statements. An objection to an affidavit on the ground that there has been non-compliance with this requirement is a perfectly proper one.

SILENCING

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll