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29 November 2007
Issue: 7299 / Categories: Features
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Judicial line: 30 November 2007

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

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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