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Navigating the world of legal documents can be challenging and confusing, especially if you have never filled one out before.

However, there are times when filing legal documents is necessary.

As a statutory declaration form is a common and useful document, it’s worth understanding what one is, the information required and where to obtain one.

What is a statutory declaration form?

Sometimes associated with affidavits, which are important legal documents in court, statutory declarations can be used in a broader context and for many reasons.

A statutory declaration, which is governed by the Statutory Declarations Act 1835, is a written factual statement whereby a declarant affirms that the facts stated are true to the best of their knowledge.

It’s used in situations where there are no formal legal proceedings.

This form is often provided by government departments, and can be downloaded and printed out.

The person making the declaration will need to sign the form in the presence of an authorised witness or prescribed person.

The statutory declaration form must be completed accurately and honestly as making a false declaration can be deemed as a serious offence and can incur penalties.

With statutory declarations, there are no religious texts that are invoked during the signing process.

According to the act, all documents must have the following confirmation:

“I do solemnly and sincerely declare that follows: – And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act ‘1835”.

Where can I get a statutory declaration form?

A statutory declaration can be obtained in multiple ways.

It’s possible to obtain a statutory declaration form by downloading one from the internet.

Many government websites provide statutory declaration forms on their websites that can be easily located and printed.

Statutory declaration forms can also be accessed from your local magistrates’ court. Most will be able to provide a copy if you ask.

Legal professionals, like a solicitor or notary public, also have the authority to hand out statutory declaration forms and can even help to draft them for you.

While there are many ways to obtain a statutory declaration form, it’s important you are the one who completes and signs it in the presence of an authorised witness.

How to complete a statutory declaration form?

It’s easier than you think to complete a statutory declaration form.

First, locate one from a government website, nearby magistrates’ court or a legal professional. Once you have a copy, you can take steps to complete it.

If you are unsure about how to do so, a legal professional can help. This needs to be done in accordance with the Statutory Declarations Act 1835.

With most statutory declaration forms, you are required to introduce yourself in a certain way, for example with the words: “I [Insert name here] do solemnly and sincerely declare…”

This statement will precede the facts that you are declaring to be true.

The form will typically end with a closing statement such as: “…and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1835.”

You will also need to include other details, including your full name and address, so that it’s unique to your own circumstances.

The date the statutory declaration was made should also be included for legal purposes and for transparency.

Once all of this information is included in the declaration, it’s obligatory to both sign and date the form.

Any information that is included on a statutory declaration form should be accurate and legitimate.

Who can sign a statutory declaration form?

It’s necessary for a statutory declaration form to be signed by two people.

This will be the person who is making the declaration, and a witness.

The witness can be a Commissioner for Oaths, a solicitor, a notary public, a justice of the peace or any other suitably qualified person.

A Commissioner for Oaths is an individual commissioned by the Lord Chancellor to administer oaths or affidavits for matters relating to the court in England or Wales.

A solicitor that has a valid, legitimate practising certificate is entitled to act as a Commissioner for Oaths.

A notary public is a lawyer and public official who specialises in the authentication and certification of signatures, authority, and capacity relating to documents for use abroad.

A justice of the peace is a normal citizen who is permitted to hear minor civil and criminal cases in their local community.

Any other qualified person is also able to fulfil this role. This could be a member of the armed forces who has the title of Major, Lieutenant-Commander or Squadron Leader as well as British Consular and Diplomatic officers positioned abroad.

Wafer Phillips Solicitors can assist with statutory declarations by preparing and creating the declaration, providing an independent witness during the signing process (provided the document doesn’t specify we are unable to, for example if the witness must have known you for two or more years) and certifying copies of original documents for you.

The average fee we charge for each document is £5.

We are dedicated to making the process of navigating statutory declarations as simple as possible.

Wafer Phillips Solicitors can also provide guidance on various aspects of statutory declarations, such as when they are needed, who can make a statutory declaration, and the potential consequences of making a false declaration.

For further advice relating to our witnessing and certified copy services, or to arrange an appointment, call us on 0151 256 7898 to initiate a conversation with a member of our helpful team.

The Christmas period can be one of the most exciting times of the year.

However, in all of the commotion and chaos, there is a higher risk of accidents occurring with more than 80,000 people going to A&E each year for Christmas-related injuries according to the NHS.

Whether it is due to the increased number of activities such as cooking and dancing, or the Christmas festivities and parties that people participate in, Christmas injuries are certainly to be expected.

It’s better to be aware of the common injuries that happen during Christmas to keep both you and your family safe.

Falls

There’s nothing better than putting up Christmas decorations such as the tree, fairy lights, and ornaments around your home to get into the festive spirit. However, christmas injuries can occur when retrieving decorations from attics or storages spaces, especially if they are in awkward locations that are hard to access. There is also an increased likelihood of falling when you are standing on a stool or ladder. A good way to minimise this risk is to rely on another person to support you when you are obtaining or putting up decorations, as well as using a sturdy ladder.

Burns and/or fires

Burns are one of the most common injuries in general, but they become even more common during the festive period. As private and public spaces become more crowded, with throngs of people bumping into each other in a frantic rush, situations such as spilling hot drinks and coming into contact with scalding cooking equipment such as pots and pans while preparing food can occur.

During the winter months, it’s also more likely that people burn themselves when open fires are lit to mitigate the harsh weather conditions outside. Candles and fairy lights also have the potential to become fire hazards, so they need to be positioned carefully – away from flammable materials and heat sources like radiators or fireplaces. Fairy lights and candles should also be put out before leaving the house or going to sleep because a fire could break out when you aren’t aware. It’s also important to be conscious of potentially hot objects and beverages as well as keeping your distance from any open fires in your area to avoid an injury.

Cuts

With food preparation being one of the main tasks during the Christmas period, it is no surprise that one in five people cut themselves when chopping their Christmas dinner vegetables or other foods. As Christmas is also a time of giving, cuts are also possible when opening presents or packages. Therefore, always make sure to use the correct tools and pay attention to what you are doing. If you have any sharp items such as knives or scissors, make sure to keep these out of reach when you are not using them. It’s also wise to warn others who enter your home during the Christmas period that an item is sharp and must be handled with care.

Electric shock

Electric shocks are unusually common at Christmas as homes are decorated both inside and outside with fairy lights. This type of shock may seem to inflict temporary pain, but it can also cause severe injuries. Electrocutions can happen when a fault occurs, or when water makes contact with electricity. In cases like these, it’s vital to check Christmas lights aren’t faulty before hanging them in or around your home. To minimise the risk of electrocution, it is also advisable to avoid plugging too many electric items into one outlet or extension cord. Avoid spilling water on any electrical items and only plug items into a socket when the switch is turned off.

Food poisoning

From yule log and pigs in blankets to cheese boards and sticky toffee pudding, there are plenty of festive dishes to choose from at Christmas time. However, as the food consumption levels skyrocket, so too does the chance of food poisoning. As Christmas meals often involve batch cooking, it’s crucial to prepare and store the food correctly to minimise the risk of food poisoning.

This means cooking food all the way through to avoid the growth of bacteria and not leaving it exposed in open spaces. Instead, store the food in a refrigerator or freezer after it has been cooked. Additionally, make sure to maintain a high level of hygiene throughout the process of preparing and storing food items.

Car accidents

Due to the slippery, icy roads and the high volume of traffic, the number of car accidents happening soars throughout the Christmas period. The darker nights in many regions also means there is lower visibility when travelling on busy roads. On top of this, there is an increased chance of people driving drunk as more events revolving around alcohol such as Christmas parties are being hosted. Minor car accidents can also occur in car parks as busy crowds are rushing to do their Christmas shopping.

Sometimes, no matter what you to do protect yourself, accidents can happen.

Fortunately, Wafer Phillips Solicitors handles injury claims in a professional and efficient manner. As experts in dealing with different types of injuries, we can advise you on the appropriate course of action.

As a no-win, no-fee firm, we have many years of experience in securing substantial financial compensation for our clients. With a network of professional medical experts, we can assess your condition and fight to gauge the extend of your injury.

We believe in upholding fairness in every case of injury, including personal and criminal injury claims such as road traffic accidents, workplace injuries, slips and trips, criminal injury, and medical negligence.

We are dedicated to supporting people and families who need our help by keeping them informed and trying to get them the compensation they deserve.

For further advice relating to injuries of any kind, or to book a consultation, call us on 0151 256 7898 to put your trust in our wonderful and helpful team.

According to the Motor Insurers’ Bureau (MIB), uninsured drivers account for more than 26,000 accidents annually.

While it is a legal requirement in the UK to ensure your vehicle is adequately insured, there are, unfortunately, many drivers who choose to legally and financially put themselves at risk.

But what happens to uninsured drivers in an accident?

What happens if you are an uninsured driver?

First, it is important to state that it is illegal to drive a car in the UK without insurance.

If a driver is injured as a result of an accident, they are entitled to make a claim if there was negligence involved on the part of the other motorist involved – irrespective of whether they are insured or not.

There are some legal rights that uninsured drivers have if they are involved an accident. However, they will still face charges from the police. Being discovered to be driving without insurance alone will result in a £300 on-the-spot fine and six to eight points added to a driver’s licence.

In more serious cases, they may be arrested, face a driving ban, and have their vehicle seized.

Additional fines can also be applied, up to as much as £5,000, depending on the circumstances.

What happens if you are hit by an uninsured driver?

Being involved in any car accident is scary, but the most important thing is to stay calm and collect as much information about the other driver and their vehicle as possible.

This will include the following:

• The make, model and registration of the car
• The name and address of the other driver
• The details of witnesses and photos of the damage to your vehicle

You should also call the police to report the collision as soon as possible, and tell them the other driver is uninsured. In some instances, failing to do so will be considered an offence and could result in fines and penalties.

When making a claim, the UK’s laws are clear, so if you have been in an accident with an uninsured driver that has left you physically harmed or caused you to suffer financial loss, you may be entitled to compensation.

What happens if you are at fault for the accident?

If you are the driver at fault for an accident where you sustained an injury, in most cases you will not be able to make a compensation claim.

The only exception is if the other driver was also partly to blame, in which case a claim may be pursued.

However, in terms of insurance claims, the other uninsured driver should still be able to claim from your insurance policy despite not having insurance themselves.

You should also be able to claim to cover any damage to your vehicle.

Why is it important to ensure your car is fully insured?

Not only is having car insurance a legal requirement, but it also gives you financial protection in the event of an accident.

Some insurance will even cover claims where you are at fault for the accident and have caused injuries to others.

How to make a claim against an uninsured driver?

Being injured in a road traffic accident (RTA) can be incredibly distressing, but then finding out that the driver who caused the accident is uninsured can be cause for further concern.

However, if you are involved in an accident with an uninsured driver, you may be entitled to claim compensation through the MIB.

The MIB is a national mechanism which provides compensation for victims of accidents caused by uninsured and untraced drivers.

The organisation pays a set amount of money every year to ensure victims of road accidents receive the compensation and support they are entitled to. Ultimately, its aim is to assist the police force in removing uninsured vehicles from the road and keep the public safe.

If you have been involved in a road traffic accident with an uninsured driver, our team is here to help.

At Wafer Phillips, we understand that RTAs can often be traumatic, which is why it is our job to ensure that you don’t have to suffer financial and other hardships as a result of someone else’s negligence.

To find out more about RTAs involving uninsured drivers, visit our dedicated page.

If you have any questions or think you may be entitled to make a claim, don’t hesitate to contact our team today on 0151 256 7898 for a free initial consultation.

Did you know 61,713 injuries to employees in the workplace were reported in the UK by the end of 2022?

Injuries at work are more common than people think, which is why in this article we’ll be delving into everything you need to know about workplace injuries and the importance of reporting them.

What is classed as a workplace injury?

According to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), a workplace injury is an identifiable external event that causes harm.

The injury would have occurred if any of the following played a role:

• How the work was carried out
• Any machinery, plant, substances or equipment used for the job
• The condition of the premises where the accident happened

Here we have listed some of the most common workplace injuries:

• Stress-related illness
• Slips, falls, and trips
• Falling from a height
• Road traffic accidents
• Manual handling injuries

Why is it important to report a workplace injury?

Reporting workplace injuries is a legal requirement for employers, and failing to do so can result in fines or legal action against the company.

However, this is not the only reason why reporting a workplace injury is so important.

By reporting any accidents or incidents that occur in the workplace, employers can take steps to prevent them from happening again. That contributes to an improvement in overall workplace safety because it is the ideal opportunity to reassess health and safety measures.

This could include replacing equipment, providing training or updating policies.

Most importantly, as an individual, it is imperative that you report any accidents or injuries that occur in the workplace to protect your rights as an employee.

Sustaining an injury in the workplace could entitle you to make a compensation claim, so recording and reporting the incident will ensure your employer can protect your rights and provide you with the help you need.

What happens if you don’t report a workplace injury?

Although you may be hesitant to report an injury you’ve sustained in the workplace, it is important that you do to protect other employees as well as yourself.

Failing to alert your employer to an accident could result in others being injured in the same way.

Furthermore, not reporting your workplace injury could affect your chances of making a successful compensation claim.

If your employer is unaware of the incident, they could claim you were working unsafely and may not support how you say the injury was sustained.

The best way to report an injury is to inform your employer as soon as possible.

Once they are made aware, it is their responsibility to make a record of it and, if necessary, report it to the relevant local authorities.

The log of your accident should be accessible, and you will be able to obtain a copy to assist with making a claim and receiving further support.

How to make a claim for a workplace injury

At Wafer Phillips, we understand that being the victim of an injury at work can be incredibly distressing, which is why our team is here to help.

To make a successful claim, you must be able to prove that your workplace is liable for causing the injury or illness. The company is responsible for preventing employees from becoming ill or being injured at work. If they failed in this duty due to negligence, compensation can be paid from their liability insurance.

While this may sound daunting, there is no need to worry because our injury claim solicitors will support you throughout. From filling out injury forms to dealing with insurance companies, we are committed to ensuring you receive the right medical treatment and compensation.

Your solicitor will be with you at every stage of the process, and will continue to work hard to win you the settlement you deserve.

We adopt a no-win, no-fee policy; there are no hidden charges for you to worry about, and your employer’s liability insurance covers all costs.

If you or a loved one has recently been a workplace injury victim and would like to know more about making a claim, visit our Workplace Injuries page.

Don’t hesitate to contact us today on 0151 256 7898 to arrange a free initial consultation.

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A compromise agreement is used in law most commonly when an employee stops working for an employer and wishes to make a claim. This could be for wages or a salary which hasn’t been paid in full.

It is in effect a payment made to an employee in return for a waiver of any potential claims.

The compromise agreement is an agreement between the employer and the person employed and it is a very specific kind of legally binding contract that must fulfil various criteria as defined by statute, therefore it is usually drawn up by a solicitor.

The person making the claim against their employer can be still working for the company or may have left, or be moving from one role within the business to another.

When a compromise agreement is drawn up by a solicitor it will be tailored very specifically to client.

Under the agreement the employee is likely to receive financial compensation, as consideration for their agreement to settle and in return they need to abandon any potential claims they might have.

A compromise agreement may not only include pay which is owing, it might also include a positive reference, or a contribution to the legal fees incurred by the employee.

Unlike contractual claims, which can be waived by entering into a contractual waiver of such claims, statutory claims (a no-fault claim) can only be waived in prescribed ways, one of which is by means of this type of agreement.

For a compromise agreement to be legally binding it must:

• Be in writing
• Relate to particular proceedings or a particular complaint
• The employee needs to have received legal advice on the terms and the effect of the proposal agreement from an independent advisor such as a solicitor and be aware of what affect this will have on potential claims.
• The independent advisor must be identified
• It is essential that the independent adviser has a current contract of insurance (or professional indemnity insurance) covering the risk of a claim against them by the employee for the advice
• The agreement needs to state that the conditions regulating compromise agreements have been satisfied

When might you need a Compromise Agreement?

In cases of discrimination and victimisation, any form of harassment related to people’s sexual orientation, pregnancy or maternity related dismissal, unfair dismissal.

What claims cannot be settled with a compromise agreement?

There are certain employment claims which are defined and therefore cannot be settled with a compromise agreement. These are:

• Claims which relate to pensions
• Personal injury claims
• Claims which surround the transfer of a business

Can you refuse a compromise agreement?

Whilst an employee can suggest a compromise agreement it is more common for an employer to use it as a tool for both parties to part ways on agreed terms. An employer may suggest a compromise agreement during a job termination or redundancy process, however if an employee doesn’t like the terms of the agreement or doesn’t wish to give up any potential claims against the employer then they do not have to accept.

If you are employee or employer and are considering a compromise agreement, our specialist legal team is here to help. You can contact us today or head to our compromise and settlements page for no obligation advice on which steps to take next.

Looking for legal representation but unsure what kind of solicitor you require? With years of experience representing our clients and endless in-depth legal knowledge, our solicitors are trained to handle everything from Wills and probate to medical negligence claims. To help you decide whether a contentious probate solicitor is the best qualified legal professional to handle your claim, we take a look at what they do below.

What is contentious probate?

Contentious probate (as opposed to non-contentious probate) simply refers to any kind of debate or disputes that arises from the administration of a deceased individual’s estate. Such disputes might concern the value of assets mentioned in the Will, a difference of opinion between the executor of the Will and the beneficiaries, or even questions over how the deceased person’s Will should be interpreted.

What does a contentious probate solicitor do?

A contentious probate solicitor will focus on supporting their client(s) by accurately determining and implementing the genuine desires of the deceased person. Often, this involves ensuring any assets from the deceased are passed onto the right beneficiaries.

In order to avoid time-consuming and expensive disputes between parties, contentious probate solicitors will attempt to settle any Will, trust, and inheritance disputes as sensitively yet quickly as possible.

How is contentious probate resolved?

Supported by the right legal advice, many contentious probate issues can be resolved without the need for costly court proceedings. Mediation and negotiation are often the easiest and quickest ways to resolve contentious probate, though these disputes can move onto court if an agreement is not reached during mediation.

At Wafer Phillips Solicitors, we understand that the majority of our clients will not want to take their claim to court. However, in the event that going to court is a necessary step for your case, you can rest assured that our team will be on hand every step of the way to ensure the best outcome.

Can you get legal aid for contentious probate?

According to official Government guidance, legal aid is available in some cases and can help individuals to cover the cost of seeking legal advice, family mediation, and legal representation. For example, you may qualify for legal aid if you cannot afford legal costs, the issue at hand is serious, and your case is eligible for legal aid. You can find out more about the cases that are eligible for legal aid here.

Contact Wafer Phillips Solicitors today

Here at Wafer Phillips Solicitors, our aim is to represent the interests of victims of crime and negligence through an unwavering dedication to seeking fairness and justice. To accomplish this aim, we’ve created an experienced and professional team of solicitors to provide expert support and advice on a wide range of legal subjects including Wills and probate, workplace injuries, and medical negligence. 

If you’d like to find out more about our down-to-earth approach or speak to a member of our team to receive a free and confidential consultation, please don’t hesitate to call us on 0151 256 7898.

Alternatively, you can also get in touch via text (01496 440286), email (enquiries@waferphillips.co.uk), or by paying us a visit to our Liverpool-based office.

However you decide to contact us, you can rest assured that all your information will remain completely confidential.

There are times when you may not have the necessary documentation to prove that something is true. Fortunately, the law does not leave you stranded if this is the case, and you can use a statutory declaration.

Statutory declarations are typically used by declarants as a way of affirming that something is true to the best of their knowledge. For example, when someone legally changes their name, and they don’t have the paperwork as proof.

The statutory declaration is a document that is commonly signed in the presence of a solicitor, although it can also be witnessed by a commissioner for oaths or notary public. The statutory declaration would effectively satisfy some legal requirement, or regulation where perhaps no other such evidence is available.

All statutory declarations are governed by the Statutory Declarations Act 1835, and they need to contain the following wording:

“I (name) do solemnly and sincerely declare, that/as follows.. .. .. .. and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1835.”

As this is a strictly legal document it is essential that the declaration made is absolutely truthful and totally accurate. For the purposes of impartiality, it means a solicitor other than the one acting for you in the legal matter concerned will be appointed and deal with the statutory declaration where one is required.

When might you need a statutory declaration?

When executors need to access money

In a situation where financial institutions have to transfer money to people legally entitled to deal with the estate of a person who has died such as the executors of a will.

Declarations of identity

You may have to prove who you are if your name is different on documentation. In this situation a statutory declaration can explain why these discrepancies exist and confirm that the person is who they say they are. It can also be used if you’ve changed your name and lost your deed poll, stating when you changed your name and what you were called in the past and what your name is currently.

Getting married abroad

When getting married overseas it will be necessary to confirm that both parties are single before the ceremony takes place. A certificate of no impediment can be obtained from the local register office, however, if you can’t obtain one you can claim you are not currently married and there’s no legal reason preventing you from getting married to anyone else by signing a statutory declaration.

When importing or exporting goods

Affirming the provenance and nature of goods for export or import.

 For an OCI card

The OCU card is an Overseas Citizen of India card which allows multiple entry into the sub-continent applicable to citizens of India living overseas.

When applying to the Indian High Commission for the card it is necessary to provide evidence of eligibility. If that is unavailable, then you may be asked to provide a statutory declaration explaining why.

Applying for a patent

To declare the originality of an item when applying for a patent.

To declare the solvency of a company

Statutory Declaration of Solvency [the Declaration] is a key document in the liquidation process for a Members’ Voluntary Liquidation [ MVL]. An MVL is a solvent liquidation procedure where, from the outset, it is envisaged that all creditors will be paid in full.

How much does a statutory declaration cost?

The cost of a statutory declaration is £5 and £2 for each exhibit to a statutory declaration. This cost is fixed by law.

What does the cost of a statutory declaration cover?

The £5 cost only covers something called the “taking” of the declaration. Essentially this is the lawyer asks the person making the statutory declaration to state: “I solemnly and sincerely declare that this is my name and handwriting and that the contents of this my declaration are true.”

What does the cost of a statutory declaration not cover?

When asking “how much does a statutory declaration cost?” there are other things which need to be taken into account. You will have to pay extra for other services. These may include:

• Advice on the contents of the statutory declaration
• Guidance on how to lay out the content of the statutory declaration.
• Cost of the lawyer preparing the statutory declaration.
• Advise about the situation which necessitates the statutory declaration.
• Travel costs for a visit from a lawyer.

​Do you need a statutory declaration? Head to our statutory declarations page to find out more or get in touch today on 0151 256 7898