Evidence: witness & expert witness -
Evidence-
Civil Evidence Act 1972
Civil Evidence Act 1995
CPR
-
Admissibility-
Generally, all evidence that is relevant to the facts is admissible in civil proceedings
But there are separate rules for:
Opinion evidence
Evidence that’s privileged
Hearsay evidence
-
Opinion evidence –
General rule-
Opinions of witnesses are not admissible – confined to the facts
there is a risk that the court may be unduly influenced by the opinion of a witness – when they
are forming their opinion
o The court also needs to draw its own inferences from the facts
HOWEVER, opinions are admissible when:
Perceived facts
Expert opinion
-
Perceived facts -
S3(2) CEA ‘72
“It is hereby declared that 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 opinion-
S3(1) CEA ‘72
, The court is to decide who is an expert
The evidence does not need to be formal – but they should be suitably qualified & experienced
(Barings Plc (in liquidation) & anr v. Coopers & Lybrand (a firm)) -
The court was prepared to accept that there was a body of expertise in the management of
investment banks from which expert evidence could emerge
and which was capable of assisting a court considering claims in negligence arising out of the
management of such a bank.
The court does, however, have discretion to rule expert evidence as inadmissible.
-
Privilege-
If evidence is privileged, it is not admissible as evidence at trial - unless waived
Expert reports
-
Hearsay Evidence-
General-
S1(1) CEA ‘95 - hearsay evidence is admissible
Hearsay is indirect evidence – written or oral
inherently less reliable than direct oral, documentary or real evidence.
There are a number of procedural safeguards to ensure that hearsay evidence is carefully scrutinised –
they only apply when given at trial (rules are more relaxed at rest of proceedings)
-
Definition-
S1(2)(a) CEA ‘95
Hearsay is an oral or written statement made out of court which is being adduced in court to prove the
truth of the matter stated.
Written/ oral statement
Made on a previous occasion
Which is being adducted in court to show the statement is true
if the purpose of the evidence is to prove that the words used in the statement are true then the
evidence will be hearsay.
If the statement is being used as, essentially, back- up evidence for the viewpoint of the person
putting it forward, then it is hearsay evidence.
Evidence-
Civil Evidence Act 1972
Civil Evidence Act 1995
CPR
-
Admissibility-
Generally, all evidence that is relevant to the facts is admissible in civil proceedings
But there are separate rules for:
Opinion evidence
Evidence that’s privileged
Hearsay evidence
-
Opinion evidence –
General rule-
Opinions of witnesses are not admissible – confined to the facts
there is a risk that the court may be unduly influenced by the opinion of a witness – when they
are forming their opinion
o The court also needs to draw its own inferences from the facts
HOWEVER, opinions are admissible when:
Perceived facts
Expert opinion
-
Perceived facts -
S3(2) CEA ‘72
“It is hereby declared that 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 opinion-
S3(1) CEA ‘72
, The court is to decide who is an expert
The evidence does not need to be formal – but they should be suitably qualified & experienced
(Barings Plc (in liquidation) & anr v. Coopers & Lybrand (a firm)) -
The court was prepared to accept that there was a body of expertise in the management of
investment banks from which expert evidence could emerge
and which was capable of assisting a court considering claims in negligence arising out of the
management of such a bank.
The court does, however, have discretion to rule expert evidence as inadmissible.
-
Privilege-
If evidence is privileged, it is not admissible as evidence at trial - unless waived
Expert reports
-
Hearsay Evidence-
General-
S1(1) CEA ‘95 - hearsay evidence is admissible
Hearsay is indirect evidence – written or oral
inherently less reliable than direct oral, documentary or real evidence.
There are a number of procedural safeguards to ensure that hearsay evidence is carefully scrutinised –
they only apply when given at trial (rules are more relaxed at rest of proceedings)
-
Definition-
S1(2)(a) CEA ‘95
Hearsay is an oral or written statement made out of court which is being adduced in court to prove the
truth of the matter stated.
Written/ oral statement
Made on a previous occasion
Which is being adducted in court to show the statement is true
if the purpose of the evidence is to prove that the words used in the statement are true then the
evidence will be hearsay.
If the statement is being used as, essentially, back- up evidence for the viewpoint of the person
putting it forward, then it is hearsay evidence.
