Commissioners For Oaths
One question we get asked frequently is whether we, as Legal Costs Lawyers are also “Commissioners for Oaths”.
Anyone who has to swear an Affidavit, or take a Statutory Declaration (in England and Wales), will be advised that the document needs to be sworn (or affirmed) before a Solicitor or Commissioner for Oaths.
In fact, all Costs Lawyers with a current practising certificate (issued by the ACL) are entitled to administer an oath. One of the critical issues for Costs Lawyers is that they should not have any involvement in the matter at all. In fact, a person who carries out a “swear” or a “stat dec”, has very little interest in the contents of the document, other than the formality of administering the oath or the Statutory Declaration. We say “very little” because if an administrator has good reason to believe that the oath or declaration is false, that person must refuse to administer it.
If you need to carry out a “swear” or a “stat dec”, the fees are prescribed (£5.00 for an Affidavit and £2.00 per exhibit) and this is called an oath fee.