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Opposing Affidavit for the United Kingdom

Opposing Affidavit Template for England and Wales

An Opposing Affidavit is a formal written statement made under oath, used in legal proceedings in England and Wales to contest or oppose claims, applications, or statements made by another party. The document must be sworn before an authorized person and contains factual evidence presented in numbered paragraphs, typically accompanied by supporting documentation. It forms part of the formal court record and is subject to strict procedural requirements under the Civil Procedure Rules.

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Opposing Affidavit

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What is a Opposing Affidavit?

An Opposing Affidavit is a crucial legal document used in the courts of England and Wales when contesting claims or applications made by other parties. It must be drafted with precision and sworn before an authorized person such as a Commissioner for Oaths or practicing solicitor. The document requires detailed factual evidence, presented in a structured format with numbered paragraphs, and may include exhibits or supporting documentation. Opposing Affidavits are commonly used in various civil proceedings, including injunctions, summary judgments, and other contested applications. They must comply with the Civil Procedure Rules and related practice directions.

What sections should be included in a Opposing Affidavit?

1. Title and Reference: Court details, case number, and names of parties involved in the proceedings

2. Deponent Details: Full name, address, and occupation of the person making the affidavit

3. Statement of Truth: Formal declaration stating that the contents of the affidavit are true

4. Facts and Circumstances: Numbered paragraphs containing factual statements opposing the original claim or application

5. Verification Statement: Final confirmation that the contents are true to the best of deponent's knowledge and belief

What sections are optional to include in a Opposing Affidavit?

1. Background Context: Additional context section used when complex history needs explanation or clarification

2. Legal Arguments: Section detailing specific legal points being contested in the proceedings

3. Prayer: Section specifying particular relief or orders sought from the court

What schedules should be included in a Opposing Affidavit?

1. Documentary Evidence Schedule: Compilation of copies of relevant documents referenced in the affidavit

2. Witness Statements Schedule: Collection of supporting statements from other witnesses

3. Expert Reports Schedule: Compilation of relevant expert opinions or reports supporting the opposition

4. Chronology Schedule: Detailed timeline of events for complex cases with multiple relevant events

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions



















Clauses

















Industries

Civil Procedure Rules (CPR): Key sections include Part 22 (Statements of Truth) and Part 32 (Evidence), along with Practice Direction 32 (Evidence). These rules govern the fundamental procedures for submitting evidence in civil proceedings.

Evidence Act 1851: Historical but still relevant legislation that provides the foundational framework for taking affidavits in England and Wales.

Commissioners for Oaths Act 1889: Establishes the legal requirements and authority for proper administration of oaths, including who can administer them and the proper procedures to be followed.

Perjury Act 1911: Defines the criminal consequences of making false statements in affidavits and other sworn documents, making it a criminal offense to knowingly make false statements.

Supreme Court Act 1981: Contains important provisions regarding court procedures and the handling of evidence in higher courts of England and Wales.

Civil Evidence Act 1995: Sets out the rules governing the admissibility of evidence in civil proceedings, including hearsay evidence and expert testimony.

Practice Directions and Court Guides: Supplementary guidelines that provide detailed requirements for affidavit format, content, and submission procedures in various courts.

Data Protection Act 2018 and UK GDPR: Relevant when affidavits contain personal data, requiring compliance with data protection principles and privacy considerations.

Teams

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