Applications to Court of Appeal for extension of time to appeal

The Law Society’s Regulation Department has received correspondence from the Court of Appeal drawing its attention to serious concerns expressed by that court about certain averments appearing in affidavits grounding applications to extend the time to appeal.

The court noted the use of standard template language in such affidavits and concluded that these affidavits were being drafted without regard as to whether or not they contained falsehoods, particularly in relation to allegations made by clients that they had been advised by their former solicitors that they could not appeal the sentence imposed on them.

The Complaints and Client Relations Committee wishes to draw practitioners’ attention to their duty as a solicitor, when preparing affidavits for execution by their clients, to ensure to the best of their ability that the contents of the affidavit are true and correct.

Failure to do so may become a disciplinary matter.