My client is abroad on business and urgently needs to swear an affidavit for use in court proceedings here. Can I send the affidavit to him for swearing abroad?
Yes. He can swear it before any person who has authority to administer an oath in that place (Commissioners for Oaths Act 1889 s3(1)). Alternatively, s6 (as amended) of that Act empowers every British ambassador, envoy, minister, consul and other officials exercising their functions abroad to administer oaths there. Please see the Law Society’s book ‘Execution of Documents’ which is available from our book shop online at www.lawsociety.org.uk/bookshop.
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