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Business Records Affidavit for the United Kingdom

Business Records Affidavit Template for England and Wales

A Business Records Affidavit is a formal sworn statement used in England and Wales to authenticate business records and establish their admissibility as evidence in legal proceedings. The document details the creation, maintenance, and custody of business records, confirming they were made and kept in the ordinary course of business. It must comply with the Civil Evidence Act 1995 and Civil Procedure Rules, and requires authentication by a Commissioner for Oaths.

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Business Records Affidavit

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What is a Business Records Affidavit?

A Business Records Affidavit serves as a crucial document in English and Welsh legal proceedings when business records need to be admitted as evidence. This document is commonly required when organizations need to prove the authenticity and reliability of their business records in court proceedings, regulatory investigations, or other legal matters. It includes detailed information about record-keeping practices, the chain of custody, and verification of the records' authenticity. The affidavit must be sworn before a Commissioner for Oaths and comply with relevant legislation including the Civil Evidence Act 1995 and Civil Procedure Rules.

What sections should be included in a Business Records Affidavit?

1. Title and Case Reference: Identifying information for the case or matter

2. Affiant Information: Personal details and position of person making the affidavit

3. Basis of Knowledge: How the affiant has access to and knowledge of the records

4. Records Description: Detailed description of the business records in question

5. Record-Keeping Practices: Description of how records are maintained in ordinary course of business

6. Verification Statement: Statement of truth regarding the contents

7. Signature Block: Formal execution section including notarization

What sections are optional to include in a Business Records Affidavit?

1. Electronic Records Statement: Details about electronic storage methods, used when records are digital

2. Chain of Custody: Details about record transfer and maintenance when records have changed hands or locations

3. Translation Certificate: Certification of translated records when records are not in English

What schedules should be included in a Business Records Affidavit?

1. Record Index: Detailed list of all records referenced in the affidavit

2. Sample Records: Examples of referenced records when appropriate

3. Supporting Documentation: Any additional documents supporting the affidavit statements

4. Authentication Certificates: Any required certification or authentication documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions

























Clauses
























Industries

Civil Evidence Act 1995: Key legislation governing admissibility of business records as evidence, particularly Section 9. Contains provisions regarding proof of statements in documents.

Civil Procedure Rules (CPR): Contains Part 32 and Practice Direction 32 regarding evidence, including specific rules for witness statements and affidavits.

Evidence Act 1938: Contains fundamental provisions regarding documentary evidence in legal proceedings.

Companies Act 2006: Specifies requirements for maintaining business records and record-keeping obligations for companies registered in the UK.

Data Protection Act 2018 and UK GDPR: Governs the handling of personal data in business records and establishes data protection principles that must be followed.

Limitation Act 1980: Establishes timeframes for maintaining certain types of records and statutory periods for legal claims.

Electronic Communications Act 2000: Provides legal framework for electronic records and signatures, relevant for digitally stored business records.

Commissioner for Oaths Regulations: Sets out requirements for swearing affidavits and defines the role and authority of commissioners for oaths.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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