xs
This website uses cookies to ensure you get the best experience on our website. Learn more

#16830 - Evidence - Civil Litigation

Notice: PDF Preview
The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting.
See Original

EVIDENCE

Factual Evidence

The general principle is that courts should only accept evidence from witnesses with first-hand
knowledge of the facts. Witnesses should attend court and give live oral testimony.
Witnesses
CPR 32.4 Witness statements of the evidence a party intends to rely on at trial must be served.
CPR 32.10 If the witness statements are not served, the evidence cannot be relied upon except with the permission of the court and this will only be granted in exceptional circumstances.
CPR 32.5(1) If a party has served a witness statement of the evidence he wishes to rely at trial, he must call the witness to give oral evidence unless the court orders otherwise or he puts the statement in as hearsay evidence.
CPR 32.5(3) A witness can expand on court on his witness statement with the court’s permission.
CPR 32.9

Witness Summary

  • If a witness is uncooperative or cannot be traced, it is possible, with the court’s permission, to serve a witness summary instead of a witness statement.

  • A witness summary is basically just that; a summary of what that witness would have said if a statement had been obtained.
CPR 34.2

Witness Summons

  • A party can follow the procedure set down in Part 34 to issue a witness summons, requiring a witness to attend court to give oral evidence.

  • Risky –that party may have no prior knowledge of what the witness will say in court.
Hearsay Evidence – Civil Evidence Act 1995
S.1(2) CEA 1995 Hearsay = ‘a statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated.’
S.1 CEA 1995 Hearsay evidence admissible
S.2 CEA 1995 Notice required for hearsay evidence
S.4 CEA 1995 In estimating the weight (if any) to be given to hearsay evidence in civil proceedings the court shall have regard to any circumstances from which any inference can reasonably be drawn as to the reliability or otherwise of the evidence.
CPR 33.2 & 3 Notice procedure to rely on hearsay evidence

Opinion Evidence

The general rule is that opinion evidence is not admissible. The function of a witness is to relate the facts to the court so that the court can draw its own conclusions.
S.3(2) CEA 1995 “Where a person is called as a witness in any civil proceedings, a statement of opinion by him on any relevant matter on which he is not qualified to give expert evidence, if made as a way of conveying relevant facts personally perceived by him, is admissible as evidence of what he perceived.”

Expert Evidence

Directions about experts will normally be given after allocation and the track to which the case is allocated will usually determine the amount of expert evidence permitted. Equally, the requirements for expert evidence can dictate the track.

  • Small claims track: no expert evidence at a hearing without the permission of the court.

  • Fast track claims: usual approach is to order a single joint expert, unless the court directs otherwise.

  • Multi-track claims: no specific restrictions on expert evidence subject to any directions the court gives.
CPR 35.1 Restricted to that...
Unlock the full document,
purchase it now!
Civil Litigation
Premium study materials available for review
Civil Litigation
A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the hig...
304 purchased
Continue

More Civil Litigation Samples

Adr And Arbitration Notes Allocation, Case Management And ... Allocation Case Management Con... Allocation Directions Notes Allocation Questionnaire Notes Alternate Dispute Resolution Notes Alternative Dispute Resolution N... Anti Money Laundering Notes Appeals And Enforcement Notes Arbitration Adr Notes Case Management Notes Case Management Sanctions Notes Case Management Summary Case M... Claim Form And Particulars Of Cl... Commencement Of Claim Notes Costs And Enforcement Notes Counting Time Notes Default Judgment Notes Default Judgments Notes Defendant Submissions For Advoca... Disclosure Diagram Notes Disclosure Notes Disclosure & Inspection Notes Disclosure N265 Crib Sheet Notes Disclosure & Privilege Notes Drafting A Particulars Of Claim ... Drafting Po C, Defence Or Witnes... Evidence Notes Evidence Notes Evidence Expert Notes Evidence Witness Notes Fact Chronology Advocacy Notes Funding Notes Initial Considerations And Pre A... Interim Applications Injunctio... Interim Applications Security ... Interim Applications Summary J... Interim Prohibitory Injunctions ... Judgment In Default Notes Jurisdictional Issues Notes Jurisdiction Notes Jurisdiction Over Foreign Matter... Part 18 Requests Notes Part 36 Crib Sheet Notes Part 36 Offer Notes Part 36 Offers Notes Part 36 Offers Notes Part 36 Offers Notes Part 36 Offers, Pre Trial, Trial... Part 36 Prep Letter Ii Notes Particulars Of Claim V Defence N... Pre Action Protocols Notes Pre Action Protocols Notes Professional Conduct In Civlit N... Service Of Documents Crib Sheet ... Setting Aside Default Judgment M... Statements Of Case Structure Of Defended Claims And... Summary Judgment Notes Trial & Post Trial Notes Witness Statements Notes
logo

Ambitious and intelligent students
choose Oxbridge Notes.

©2024 Oxbridge Notes. All right reserved.