Q&As

Where a person (P) makes a statutory declaration by video conference, is it permissible for the solicitor administering the declaration to be connected to the solicitor advising P? In particular, can the solicitors live in the same house?

read titleRead full title
Produced in partnership with Phillip Patterson of Gatehouse Chambers
Published on LexisPSL on 04/06/2020

The following Restructuring & Insolvency Q&A produced in partnership with Phillip Patterson of Gatehouse Chambers provides comprehensive and up to date legal information covering:

  • Where a person (P) makes a statutory declaration by video conference, is it permissible for the solicitor administering the declaration to be connected to the solicitor advising P? In particular, can the solicitors live in the same house?

Where a person (P) makes a statutory declaration by video conference, is it permissible for the solicitor administering the declaration to be connected to the solicitor advising P? In particular, can the solicitors live in the same house?

This Q&A has been drafted assuming the following:

  1. the question is asked in the light of the ongoing coronavirus (COVID-19) crisis

  2. the statutory declaration is intended to be administered prior to 30 September 2021

  3. the statutory declaration is one which falls within the scope of the Statutory Declarations Act 1835

  4. the statutory declaration is being administered in one of the following contexts:

    1. a company entering a members’ voluntary liquidation—section 89 of the Insolvency Act 1986

    2. a company entering administration—the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17

Prior to the restrictions imposed by the government to tackle the spread of coronavirus, there was something of an unresolved debate concerning the question of whether a solicitor administering a statutory declaration was required to be physically present with the person giving the declaration.

The social-distancing measures drew this debate into sharp focus with a significant number of practitioners seeking to use video conferencing facilities such as Zoom and Skype to administer statutory declarations. In response a Temporary Insolvency Practice Direction was introduced on 6 April 2020 which, among other things dealt with this issue. This Practice Direction expired on

Popular documents