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.