In a continuing series, the Law Society's practice advice service offers guidance on a range of issues




Q I recently administered an oath to a deponent swearing an affidavit. She has now returned the document to me pointing out that it contained an error. What should I do?



A An error in an affidavit, which is discovered after it has been sworn, cannot be corrected by the deponent or the solicitor who administered the oath.



Either the affidavit must be destroyed and a new one prepared, or the original affidavit altered and re-sworn. In the latter case, a new jurat should be added, commencing with the word 're-sworn'. Although it is not necessary for the deponent to sign the affidavit again, it may be good practice to invite him to do so. See the Law Society's Guide to Oaths and Affirmations, 2nd Edition, which is available from the Law Society bookshop,

tel: 020 7320 5640.





Q What is an apostille?



A An apostille is a certificate that authenticates the signature and seal of a person who has administered an oath or declaration. This is issued by the Foreign and Commonwealth Office of a country that has ratified the Hague Convention of 5 October 1961. See the Law Society's Guide to Oaths and Affirmations, 2nd edition.





Q Does the new predictable costs scheme apply to all road traffic accident cases? And where can I find more information about the scheme?



A No. The scheme, which came into force on 6 October 2003, applies to all road traffic accident cases that would escape allocation to the small claims track and that settle without the issue of proceedings for a value of £10,000 or less. The details of the scheme can be found in parts 45.7 to 45.14 (inclusive) of the CPR, and section 25A of the costs practice direction. The rules are contained in The Civil Procedure (Amendment No 4) Rules 2003 (SI 2003/2113). These can be viewed on the Civil Justice Council Web site at: www.costsdebate.civiljusticecouncil.gov.uk, and were included in the 33rd update to the CPR. For further reference, see [2003] Gazette, 2 October, 35.





Q My client's brother is paying our firm's costs. Are we able to render the bill directly to him?



A No. To comply with the VAT regulations when a third party is paying your costs, the bill must be made out to the client, but it should state that the bill is payable by a third party. See the Law Society's Guide to the Professional Conduct of Solicitors, 1999, eighth edition, which is available on the Law Society Web site at: www.guide.lawsociety.org.uk.





Q I have issued a gross sum bill to my client. He has now requested a further detailed breakdown. Must I supply this?



A In contentious matters, where a solicitor has issued a gross sum bill, the client may request a detailed breakdown of costs in lieu of the original bill within three months of receiving the bill. This does not apply if the solicitor has issued proceedings for payment of the bill or if the costs are subject to a contentious business agreement (see section 64(2) of the Solicitors Act 1974).



However, you might wish to explain to your client that his request has the dramatic effect of cancelling the original gross sum bill. If, when going through your file, you consider you did not include all of your costs in the original bill, you are free to draw up a bill for the higher amount.



The position differs in non-contentious matters, as the client has the right to ask for a remuneration certificate (see article 4 of the Solicitors' (Non-Contentious Business) Remuneration Order 1994) if he is unhappy with the amount charged. In this case, the solicitor is not obliged to provide a further detailed breakdown after providing a gross sum bill. If the client wishes to receive a further breakdown, the solicitor can make a charge for the further work involved as long as the client is informed in advance of this additional cost.





Q What is the interest rate payable on legacies?



A Legacies should be paid with due diligence and usually within the executor's year. Practice direction 40 of the Civil Procedure Rules 1998 (CPR) states: 'Where an account of legacies is directed by any judgment, then, subject to any directions contained in the will or codicil in question and any order made by the court, interest shall be allowed on each legacy at the basic rate payable for the time being on funds in court or at such other rate as the court shall direct, beginning one year after the testator's death.' The rate on funds in court is 4% as of 29 April 2004.





Q Can I reproduce the conveyancing protocol forms on a word processor?



A A general licence has been granted to the profession to reproduce the seller's property information form, the seller's leasehold information form, the fixtures, fittings and contents form and the completion information and requisitions on title form by word processor or in printed form.



The agreement for sale (but not the standard conditions themselves) may also be reproduced by solicitors on word processors or in printed form. When any of these forms are reproduced in this manner, they must display the following words in a prominent position: 'This form is part of the Law Society's TransAction scheme.'



This guarantees to one solicitor that the other solicitor has not departed from the approved wording of the form. See A Guide to the National Conveyancing Protocol Transaction 2001. The guide and the protocol forms are available for purchase from the Law Society bookshop.





Q I am a solicitor with a practising certificate; does this mean that I am also regarded as a notary public?



A No. Admission as a solicitor does not automatically mean that you are a notary public. If you wish to qualify as a notary, contact the Court of Faculties, Faculty Office, 1 The Sanctuary, Westminster, London SW1P 3JT, tel: 020 7222 5381.





This column is compiled by the Law Society's Practice Advice Service, tel: 0870 606 2522. Send comments to Nasrin Master, Practice Advice Service Manager, the Law Society, 113 Chancery Lane, London WC2A 1PL. The service endeavours to ensure that the information provided is correct, but does not accept liability for error or omission. This publication is intended for information purposes only and solicitors should not act on the basis of the information provided alone, without verifying it first