Opposing Affidavit Template for England and Wales

An Opposing Affidavit is your formal legal tool for contesting claims or applications in England and Wales courts. This sworn statement allows you to present factual evidence that disputes another party's position, providing the court with your version of events under oath. The document must comply with strict legal requirements and be properly sworn before an authorized person.

When do you need this document?

You need an Opposing Affidavit when responding to various court applications where the other party has made claims you wish to dispute. This includes defending against applications for summary judgment where you have genuine grounds to contest the claim, opposing injunction applications by presenting facts that contradict the applicant's case, or responding to interim applications where factual disputes exist. The document is also essential when contesting possession proceedings, challenging enforcement applications, or disputing any court application where sworn evidence is required to support your defense.

Key legal considerations

Your Opposing Affidavit must contain only facts within your personal knowledge or belief, clearly distinguishing between the two. Each paragraph should be numbered and address specific points raised in the original application or claim. You must include a statement of truth declaring that the contents are accurate, and remember that making false statements constitutes perjury under the Perjury Act 1911. Consider attaching relevant exhibits that support your factual assertions, ensuring they are properly referenced in your statement. The timing of your affidavit is crucial—court deadlines are strict, and late submissions may require permission from the court.

Legal requirements in England and Wales

Under the Civil Procedure Rules Part 22 and Part 32, your Opposing Affidavit must comply with specific formatting and procedural requirements. The document must be sworn before a Commissioner for Oaths, practicing solicitor, or other authorized person as defined in the Commissioners for Oaths Act 1889. Your affidavit must include the court details, case number, and full names of all parties involved in the proceedings. The deponent's full name, address, and occupation must be clearly stated. Practice Direction 32 requires that exhibits be properly authenticated and referenced using sequential lettering. The affidavit must conclude with a jurat showing where, when, and before whom it was sworn, with the authorized person's signature and official stamp or seal.