header-logo header-logo

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

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 CONDUCT IN ANCILLARY RELIEF

Can a party to an

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll