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Judicial line: 30 November 2007

29 November 2007
Issue: 7299 / Categories: Features
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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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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