Affidavit Of Non Liability Template for England and Wales

An Affidavit of Non-Liability is a sworn legal document that allows you to formally declare under oath that you bear no responsibility or liability for a specific incident, claim, or obligation. Under England and Wales law, this document carries significant legal weight as it constitutes evidence that can be used in court proceedings and formal disputes.

When do you need this document?

You may require an Affidavit of Non-Liability in various circumstances where your involvement in an incident is disputed or where you need to formally establish your lack of connection to a particular matter. Common situations include motor vehicle accidents where you're wrongly accused of involvement, property damage claims where your responsibility is questioned, or business disputes where you need to clarify your role. Insurance companies often request these affidavits when investigating claims, and they're frequently used in employment disputes to establish that you had no knowledge of or involvement in alleged misconduct. The document is also valuable when dealing with debt collection agencies who may be pursuing you for obligations that aren't yours, or when clarifying your position in contractual disputes where multiple parties may be involved.

Key legal considerations

The most critical aspect of an Affidavit of Non-Liability is the requirement for absolute truthfulness, as making false statements constitutes perjury under the Perjury Act 1911, which carries serious criminal penalties including imprisonment. Your statement must be specific and factual, avoiding vague language or unsupported assertions. Include relevant dates, locations, and circumstances that support your position, and attach any supporting documentation such as receipts, correspondence, or witness statements. The affidavit must clearly identify the incident or claim you're addressing and explain precisely why you bear no liability. Consider the potential consequences of your statement, as once sworn, the affidavit becomes a legal commitment that can be used against you if found to contain inaccuracies. It's advisable to gather all relevant evidence before drafting your statement and to ensure you fully understand the circumstances you're addressing.

Legal requirements in England and Wales

Under the Oaths Act 1978, your Affidavit of Non-Liability must be sworn before an authorized person, typically a Commissioner for Oaths or Notary Public, who will verify your identity and witness your oath. The Civil Evidence Act 1995 governs how your affidavit can be used as evidence in civil proceedings, requiring proper authentication and service. The document must include your full name, address, and occupation, along with a clear statement of the facts supporting your position. The Civil Procedure Rules specify formatting requirements, including numbered paragraphs and a formal jurat confirming the oath was properly administered. You must bring valid photo identification when swearing the affidavit, and the authorized person will typically charge a fee for their services. The completed affidavit should be kept in original form, with certified copies made as needed for distribution to relevant parties or courts.