If you need a commissioner of affidavit near you in London, any practising solicitor in England and Wales can take your affidavit. You swear or affirm it in person, the solicitor signs the jurat. Adam Bernard Solicitors takes affidavits at two London offices: High Holborn in Central London and Upton Park in East London.
People from India, Nigeria, Canada, Ireland and elsewhere often search for a “commissioner of affidavit” or “commissioner for taking affidavits”, because that’s the title used back home. In England and Wales the role is called a Commissioner for Oaths. Every practising solicitor holds those powers automatically. This guide explains what an affidavit is and when you still need one. It also covers what to bring, what it costs and where to get it sworn quickly.
What is a commissioner for affidavits in the UK?
A commissioner for affidavits in the UK is anyone authorised to administer the oath or affirmation that makes an affidavit legally valid. In England and Wales, that means a practising solicitor, a notary public, a barrister or another authorised Commissioner for Oaths.
The role comes from the Commissioners for Oaths Act 1889. Solicitors hold the same powers under section 81 of the Solicitors Act 1974. You do not need to find a specially appointed official. A solicitor’s office near you can take your affidavit.
There is one important limit. A solicitor cannot take an affidavit in proceedings where they, or their firm, act for one of the parties or have an interest. If your own solicitor drafted your court affidavit, you must swear it in front of an independent solicitor at a different firm. This is the most common reason people search for a commissioner “near me”.
For a full overview of the role, see our guide to what a Commissioner for Oaths does in the UK.
When do you still need an affidavit in England and Wales?
Most civil court evidence is now given by witness statement with a statement of truth, not by affidavit. An affidavit is still required for certain court applications, some probate matters, and documents where the recipient insists on sworn evidence.
Under Practice Direction 32 of the Civil Procedure Rules, you need an affidavit for:
- Freezing injunctions and search orders, and orders requiring an occupier to allow entry to land.
- Contempt of court applications, which must be supported by affidavit or affirmation unless the court directs otherwise (CPR 81.4).
- Evidence needed for a court in another jurisdiction, where a party asks the court to direct sworn evidence.
- Any case where the court orders it under CPR 32.15.
Outside litigation, affidavits commonly come up in:
- Probate. The Probate Registry may ask for an affidavit about how a will was signed or its physical condition. Our wills and probate solicitors can advise on these.
- Asset disclosure required by a freezing order.
- Overseas authorities. Embassies, foreign courts and foreign banks often ask for a “sworn affidavit” for status, identity or support.
- Single-status evidence for marriage abroad. This is often called a “single status affidavit”, although in the UK it’s usually a statutory declaration. See our single unmarried declaration service.
If you’re unsure whether you need an affidavit or a statutory declaration, check what the receiving court or organisation asks for. The next section explains the difference.
Affidavit vs statutory declaration vs witness statement
An affidavit is a written statement sworn on oath or affirmed, usually for court. A statutory declaration is a solemn declaration for non-court purposes. A witness statement is unsworn and verified by a statement of truth.
| Affidavit | Statutory declaration | Witness statement | |
|---|---|---|---|
| Main use | Court proceedings and some overseas uses | Non-court matters: name changes, lost documents, ownership, status | Most civil court evidence |
| How it’s made valid | Sworn on oath or affirmed | Solemnly declared under the Statutory Declarations Act 1835 | Signed with a statement of truth |
| Who must witness it | Solicitor, notary or Commissioner for Oaths | Solicitor, notary or Commissioner for Oaths | No witness needed |
| Statutory fee | £5 per person + £2 per exhibit | £5 per person + £2 per exhibit | None |
| If it’s false | Perjury | Criminal offence under the Perjury Act 1911 | Contempt of court |
Need a declaration rather than an affidavit? See our statutory declaration service.
How much does it cost to swear an affidavit in the UK?
The fee for swearing an affidavit before a solicitor in England and Wales is fixed by law at £5 per person, plus £2 for each exhibit marked, inclusive of VAT. These fees are set by the Commissioners for Oaths (Fees) Order 1993 and have not changed since.
| Service | Cost |
|---|---|
| Taking the oath or affirmation (per deponent) | £5.00 |
| Each exhibit or schedule marked | £2.00 |
| Example: one person, affidavit with 3 exhibits | £11.00 |
| Drafting or reviewing the affidavit | Separate fee (quoted in advance) |
| Notarisation and apostille for use abroad | Separate fee |
The £5 and £2 fees cover witnessing only. If you need a solicitor to write the affidavit, advise on its contents or prepare exhibits, that is legal work and is charged separately. At Adam Bernard Solicitors, we quote any drafting fee upfront, before you commit.
Where can I swear an affidavit near me in London?
You can swear an affidavit at either Adam Bernard Solicitors office in London: Chancery Station House, 33 High Holborn, WC1V 6AX, or 25 Barking Road, Upton Park, E6 1PW. Call 0207 100 2525 first to confirm a solicitor is available.
| Office | Address | Nearest station | Opening hours |
|---|---|---|---|
| Central London | Chancery Station House, 33 High Holborn, London WC1V 6AX | Chancery Lane (Central line), next door | Mon–Fri 9am–5:30pm |
| East London | 25 Barking Road, Upton Park, London E6 1PW | Upton Park (District & Hammersmith & City) | Mon–Fri 9am–5:30pm, Sat 10am–2pm |
- Central London office: convenient if you work in Holborn, the City, Farringdon, Clerkenwell or the West End, or are near the Royal Courts of Justice.
- East London office: convenient for East Ham, Upton Park, Plaistow, Forest Gate, Barking, Stratford and Ilford. It also opens on Saturdays.
Many affidavits can be sworn on the same day if the document is ready. See our Commissioner for Oaths in London page for the full range of document services.
Can I swear an affidavit online in the UK?
For an affidavit to be used in England and Wales, you should plan to swear it in person. The law has no clear rule allowing remote swearing, and courts have not settled the point. In 2021, a High Court judge declined to decide whether swearing by video link is valid.
Statutory declarations are stricter. The form set by the Statutory Declarations Act 1835 is made in the witness’s presence. A declaration made over video carries a real risk of being rejected.
Some other countries, including Ireland, have changed their rules to allow remote swearing in limited cases. Do not assume the same applies here. If a court or organisation rejects your affidavit, you may miss a deadline. It’s quicker and safer to attend in person.
What to bring when you swear an affidavit
Bring the unsigned affidavit, every exhibit it refers to, valid photo ID, and the fee. Do not sign the affidavit before your appointment. You must sign it in front of the solicitor.
- The affidavit, unsigned. If you sign it beforehand, you’ll need a fresh copy.
- All exhibits. These are any documents referred to in the affidavit, such as bank statements, letters or photographs. The solicitor marks and signs each one.
- Photo ID. A passport or photocard driving licence.
- A choice of oath or affirmation. You can swear on a holy book of your faith, or affirm without any religious element. Both have the same legal effect. Tell the solicitor which you prefer, and bring your own holy text if you’d like.
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At the appointment, the solicitor checks your identity. You confirm that you understand the contents and that they are true. You then swear or affirm, and sign each page. The solicitor completes the jurat, the section showing where, when and before whom the affidavit was sworn, and marks the exhibits. It usually takes 10 to 15 minutes.
Common mistakes that get affidavits rejected
Most rejected affidavits fail for procedural reasons, not because of their content. Avoid these:
- Signing before the appointment. The deponent must sign in the presence of the person taking the oath.
- Using your own solicitor for a court affidavit. Your own firm cannot swear it if it acts for you in the proceedings.
- Unmarked or missing exhibits. Each exhibit must be identified and marked, following Practice Direction 32.
- Wrong document type. Some courts and organisations need a statutory declaration rather than an affidavit, or the reverse.
- Using a UK commissioner for a document going abroad. Many overseas authorities need a notary public and an apostille from the FCDO. See our apostille service.
How Adam Bernard Solicitors can help
Our SRA-regulated solicitors take affidavits and other sworn documents every week at our High Holborn and Upton Park offices. We can:
- Take your affidavit at the fixed statutory fee.
- Draft or review your affidavit and exhibits for court, probate or overseas use.
- Witness statutory declarations, change of name deeds, lasting powers of attorney and parking ticket declarations.
- Certify copies of documents and verify ID1/ID2 forms for HM Land Registry.
- Advise on the underlying dispute through our civil and commercial litigation and family law teams.
Call 0207 100 2525 (available 24/7) or book a free consultation to arrange a time.
