Statutory declarations by video link

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Robert Mundy

In the article below, Rob Mundy explains why you can make a statutory declaration by video link.

Key points:

  • Because of doubts about whether para 9 of the Temporary Insolvency Practice Direction is effective, it is worthwhile considering whether primary legislation already permits statutory declarations by video conference.
  • Under s 2 of the Statutory Declarations Act 1835 (SDA 1835) a person who would otherwise have to make an oath was instead to ‘make and subscribe’ a declaration ‘in the presence of ’ a person empowered to administer the oath.
  • Although no reported case has yet considered what ‘in the presence of ’ means in SDA 1835, the history of the use of those words and the purpose of the Act indicate that presence here encompasses presence by video conference.

The article first appeared in this month’s Corporate Rescue and Insolvency (2020) 3 CRI 95.

View article here – CRI_13.3_June 2020_Robert Mundy_St Philips