Affidavits Which Trivialise Court Procedure: A Warning for Both Solicitors and Litigants in Person

Author:Ms Judith Riordan and Frank Flanagan
Profession:Mason Hayes & Curran
 
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The High Court has determined that a solicitor should not have permitted an affidavit where the deponent described himself as “A DISCIPLE OF THE LORD JESUS CHRIST” to be sworn before him.

In Nowak & Anor v Residential Tenancies Board 1 the first applicant swore an affidavit where he described himself as “A DISCIPLE OF THE LORD JESUS CHRIST”.

The Central Office of the High Court refused to permit the affidavit to be filed on the grounds that it did not comply with the relevant rules of court.

Mr Justice Humphreys held that this was a fanciful description and that: “It is hard to know which the applicant's affidavit trivialises more, religion or court procedure.”

The judge continued: “The solicitor who took it should not have allowed it to be sworn in that form. I trust that the message will get through in order to avoid a repetition.”

The proceedings were dismissed as frivolous and vexatious on other grounds. 

Comment

This will be a welcome development for many lawyers, bankers and insolvency practitioners, who are all too familiar with documents bearing fanciful descriptions such as:

freeman of the land; general executor and...

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