Q&As

Can an affidavit be sworn over the phone or skype?

Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 05 May 2020

By section 1(2) of the Commissioners for Oaths Act 1889 a commissioner for oaths may administer any oath or take any affidavit for the purposes of any court or matter in England. CPR PD 32 makes provision for affidavits and states at paragraph 5.2 that an affidavit must have a jurat which is signed by all deponents and completed and signed by the person ‘before whom the affidavit was sworn’. There is no further guidance in either the Act or the CPR (or various other statutory provisions where the same is repeated) as to what is meant by being signed ‘before’ the person administering the oath.

The Law Commission

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Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).