A statutory declaration is a legally binding statement of fact, made under oath and intended to serve as a formal declaration of truth in legal matters. Statutory declarations are commonly used in situations where an individual needs to confirm certain facts, such as identity, ownership, or specific events, in the absence of official documentation. Unlike affidavits, statutory declarations are generally not presented in court but serve as valuable evidence in dispute resolution, legal processes, and regulatory procedures.
What Can Be Counted as a Statutory Declaration
Statutory declarations can vary widely in purpose and scope but must always adhere to the legal framework that gives them weight. Common uses include confirming:
- Property ownership or the existence of an agreement
- A person’s identity or status in immigration matters
- Declarations related to family arrangements or estate matters
- Statements in financial dealings or business contracts
The legal requirement for a statement to be counted as a statutory declaration often includes specific language and the presence of a qualified witness, such as a solicitor or notary. However, in certain cases, alternative forms of written declarations can serve similar purposes.
Can a Letter or Email Count as a Statutory Declaration
A signed email or letter generally cannot serve as a formal statutory declaration because statutory declarations have specific legal requirements that must be met to be legally binding.
However, as demonstrated in Khan v Khan [2024] EWHC 2491 (Ch), certain emails or letters can still hold significant evidential value. In this case, an email expressing a clear intent to establish an ownership arrangement was deemed sufficient to create an express trust because it had been signed by the sender. While this email was not a statutory declaration, the court found it adequate to substantiate the declarant’s intent in that particular dispute.
Legal Framework Governing Statutory Declarations
The authority and validity of a statutory declaration rest on the laws governing its format and witnessing. For a statutory declaration to be legally binding in the UK, it typically must:
- Be in written form with precise language affirming the truth of the statement
- Be signed in the presence of a solicitor, notary public, or other qualified witness
- Include a statement that the declaration is being made “conscientiously believing it to be true and by virtue of the Statutory Declarations Act 1835“
Statutory Declarations in Dispute Resolution
In the context of dispute resolution, statutory declarations serve as a powerful tool by allowing parties to formally establish facts, clarifying disputed details or claims. They may be used in:
- Business and contractual disputes, to affirm aspects of an agreement
- Company and commercial, by a director to declare the solvency of a company
- Commercial property to exclude security of tenure from a lease
- Residential and agricultural property, for the seller of land to confirm their use of a right of way
- Property litigation, to support a claim for adverse possession of land
- Family law, for declarations related to custody, property settlements, or financial arrangements
- Trusts and estates, to prove the execution of any will or codicil
Because they can streamline the establishment of facts, statutory declarations often simplify and expedite dispute resolution by reducing ambiguity around key details.
Advantages of Using Statutory Declarations
Using statutory declarations in dispute resolution provides several benefits, including:
- Clarity: They formally outline facts, reducing misunderstandings and misinterpretations.
- Efficiency: Statutory declarations can often be faster and more straightforward to produce than other forms of evidence.
- Cost-Effectiveness: They can often reduce the need for additional witnesses or supporting documents, which might otherwise lengthen the process.
Limitations and Risks
While valuable, statutory declarations have limitations:
- Not as Comprehensive as Court Testimony: They are not designed for cross-examination or detailed scrutiny in a court setting.
- Risk of False Statements: Making a false statutory declaration can result in charges of perjury, as these declarations carry a legal obligation to honesty.
- Limited Scope: They cannot replace other forms of evidence needed for complex or contested matters and may be deemed insufficient for certain types of high-stakes litigation.
Role of Legal Professionals in Drafting and Witnessing
Legal professionals play a critical role in ensuring that statutory declarations are properly drafted and witnessed, which is essential for their admissibility and reliability. Solicitors and notaries verify the authenticity of the declaration, ensure it meets legal standards, and confirm that it accurately reflects the declarant’s intentions.
Real-World Examples of Statutory Declarations in Disputes
Real-life applications of statutory declarations are wide-ranging. For example:
- Property Disputes: In a boundary dispute, a statutory declaration from a long-time property owner might outline the historical use of land, helping to settle the matter without court intervention.
- Family Law: In a custody dispute, a parent might use a statutory declaration to affirm details of their living arrangements or financial support provided.
- Business Agreements: In contract law, parties may use statutory declarations to affirm terms that were agreed verbally but not written down.
Common Misconceptions about Statutory Declarations
Statutory declarations are often misunderstood as being equivalent to sworn court testimony. In reality:
- They are not equivalent to sworn testimony and may carry less weight in adversarial settings where full evidentiary requirements apply.
- They are not legally enforceable judgments; they simply affirm facts and do not compel any action.
Impact on Outcomes of Disputes
When properly utilised, statutory declarations can significantly impact dispute outcomes. By providing clear, sworn statements of fact, they:
- Enhance credibility for the party submitting or relying upon the declaration, which may encourage early settlement.
- Strengthen the evidential record in non-judicial proceedings such as mediation, arbitration, or settlement discussions, where written statements can play a key role.
Guidelines for Preparing a Statutory Declaration
For individuals preparing a statutory declaration, the following tips can help ensure its effectiveness:
- Be Specific and Accurate: Only include information that you know to be true, with as much detail as possible.
- Avoid Ambiguity: Use clear, direct language to reduce the likelihood of misinterpretation.
- Engage a Legal Professional: Working with a solicitor ensures that your declaration meets all legal requirements, enhancing its value in dispute resolution.
Statutory declarations, when appropriately applied, are a practical and often decisive tool in resolving disputes by affirming essential facts. Their formal structure provides clarity, while their simplicity offers an efficient alternative to more exhaustive forms of evidence. By understanding how statutory declarations can be used individuals and businesses can make better use of these declarations to protect their rights and advance their interests in a wide range of legal situations.
