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INC
INC, Solicitor-Advocate
Category: UK Property Law
Satisfied Customers: 11509
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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URGENT UK PROPERTY LAW Please can you explain in plain English

Resolved Question:

URGENT UK PROPERTY LAW

Please can you explain in plain English the difference between these written statements please and what the legal implations are for each type, as well as how such statements should be written/what phrase should be used to indicate each type please. Many thanks:

(a) Affidavit
(b) Testimonial
(c) Declaration
(d) Witness statement
Submitted: 1 year ago.
Category: UK Property Law
Expert:  INC replied 1 year ago.

INC :

Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

INC :

Hi, what do you require the statement for?

Customer: To act as backup evidence to the photos I have taken of the property before and after the tenancy. The dispute of damages is a bit complicated. Ex tenant dispute my claim for damages directly with mydeposits. Now I need to send in my reply to that dispute.
INC :

Hi,

Customer: Hi can you finish the advice you started on this please? Maybe it's better if the answer and reply is done in the other forum instead of a chat forum as neither of us is constantly on here to chat back and forth? Please help ASAP as under time constraint. Many thanks T
INC :

Hi, I would suggest a statutory declaration which is a document sworn under oath and witnessed by a solicitor. This should be sufficient for the purposes of sending to mydeposits.

INC :

I hope this answers your question. If so, kindly click ACCEPT.

INC :

If you wish to discuss, please feel free to ask further questions

INC :

Many thanks

Customer:

Hi, I am so sorry but you are not answering my original question here. I think you are linking it up with the previous question I have asked. Although they are the same-ish, I still nee to understand the different types of statements and what the differences are etc. as per my original question:

Customer:
ORIGINAL QUESTIONPlease can you explain in plain English the difference between these written statements please and what the legal implations are for each type, as well as how such statements should be written/what phrase should be used to indicate each type please. Many thanks: (a) Affidavit (b) Testimonial (c) Declaration (d) Witness statement
INC :

Hi,

INC :

Ok, lets take these one by one.. I will deal with Affidavits and Witness Statements first...

INC :

1. Affidavits- An affidavit is described as a written statement sworn on oath or affirmed to be true. The maker of the affidavit is called the deponent. He or she will sign this document before an attorney, Notary Royal or Justice of the Peace. Part 30 of the Civil Procedural Rules (CPR) 2000 deals with the definition, form and content of the affidavit. An affidavit must be filed before it can be used as evidence in a trial or hearing.

INC :

An affidavit is made in the first person. The body of the affidavit starts with the name, address and occupation of the deponent making an affirmation or a sworn statement. It is followed by a statement that what is contained in the affidavit is true, based on the deponent’s own knowledge and information. The deponent must be in a position to prove anything stated from his or her own knowledge. Any statement made which is “scandalous, irrelevant or otherwise oppressive” can be struck out of the affidavit. Any document to be used in conjunction with an affidavit must be exhibited with and referred to in the affidavit.

INC :

2. Witness Statement - a witness statement is a statement of evidence which must be dated and signed by the intended witness; it must also give the name, address and occupation of the witness. Similarly, it must include the statement of fact that he or she believes it does not include any matters of information of belief which are not admissible or, where admissible, must insofar as reasonably practicable, be in the intended witness’s own words. Again, the Court may order that any “inadmissible, scandalous, irrelevant or otherwise oppressive” matter be struck out of any part of the witness statement.

INC :

3. Testimonial - these are usually provided by third parties and are not generally sworn under Oath.

INC :

4. Statutory Declaration - Statutory declarations are commonly used to allow a person to affirm something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are thus similar to affidavits (which are made on oath).

INC :

I hope this answers your questions. If so kindly click ACCEPT.

INC :

If you wish to discuss, please feel free to ask further questions.

INC :

Many thanks

Customer:

Thank you so much this is exactly what I needed.

INC, Solicitor-Advocate
Category: UK Property Law
Satisfied Customers: 11509
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and 4 other UK Property Law Specialists are ready to help you

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