Ireland:
Missed Opportunity To Reform Conveyancing Practice?
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Although the provisions of Section 21 of the Civil Law and
Criminal Law (Miscellaneous Provisions) Bill 2020 (as introduced
last week in Dail Eireann) are welcome, as it allows for rules of
Court permitting a statement of truth to be made in place of an
Affidavit or Statutory Declaration in civil proceedings, it is a
pity that the Bill does not go further.
One problem faced by conveyancers during the recent lockdown was
the inability to have statutory declarations executed by clients in
front of Peace Commissioners/Commissioners for Oaths or Practicing
Solicitors (not involved in a transaction). We would submit that
use of the statement of truth procedure proposed now for civil
proceedings would be equally appropriate in every day
conveyancing.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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