Exact rules for affidavits must be followed on Order 14 proceedings. The solicitor swearing an affidavit on behalf of the bank had not disclosed the source of his information. Though the defect might be technical, the defendant was being deprived of his right to cross examine the witness and of his right to defend, and the rules must be strictly complied with.
Citations:
Independent 23-May-1995, Times 31-May-1995, [1995] CLY 4228
Statutes:
Rules of the Supreme Court Order 14
Jurisdiction:
England and Wales
Litigation Practice
Updated: 21 January 2023; Ref: scu.78214