A client needs to swear an affidavit. Can a solicitor colleague administer the oath?
My client needs to swear an affidavit for a litigation matter. Can a solicitor in another department administer the oath?
The Civil Procedure Rules Practice Direction 32 provides that "an affidavit must be sworn before a person independent of the parties or their representatives".
Further, section 183(3) of the Legal Services Act 2007 provides that "a relevant authorised person may not carry on the administration of oaths in any proceedings in which that person represents any of the parties or is interested".
In the circumstances, as your firm represents this client, you should advise your client to go to an independent firm or court-appointed official to have the affidavit sworn.
Disclaimer
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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