EVIDENCE
WITNESS EVIDENCE AND ADMISSIBILITY
Witness Statements
• Use at interim hearings
• Exhibits
• Use at trial – evidence-in-chief.
• Oral evidence to expand on or respond to other evidence - r 32.5 (3)
Witness statements – formalities – Practice Direction 32
• Top right-hand corner – para 17.2
• Heading of action – para 17.1
• Full name, address, occupation and whether party or employee of party - para 18.1
• Witness’ own words – para 18.1
• Witness’ own knowledge –para18.2
• Source of any information or belief – para 18.2
• Exhibits para 18.3 to 18.6
• Statement of Truth – para 20
• Other formalities - para 19
Evidence in witness statements of fact: key questions
• Is it relevant?
• Is it opinion?
• Is it hearsay?
• If it is hearsay, is it irrelevant or opinion?
Relevance and Court's powers
• Irrelevant evidence is not admissible – O’Brien v Chief Constable of South Wales
Police (2005).
• Court’s powers to control evidence.
Opinion evidence
• Expert evidence
• Opinion evidence from a non-expert inadmissible
• Personal perception evidence – s.3 (2) Civil Evidence Act 1972
Hearsay – definition
• 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(2) (a) Civil Evidence Act 1995
• Different rules in criminal proceedings
Is it hearsay?
• Is it an oral or written statement made outside the courtroom?
• Is it presented to show the statement is true?
WITNESS EVIDENCE AND ADMISSIBILITY
Witness Statements
• Use at interim hearings
• Exhibits
• Use at trial – evidence-in-chief.
• Oral evidence to expand on or respond to other evidence - r 32.5 (3)
Witness statements – formalities – Practice Direction 32
• Top right-hand corner – para 17.2
• Heading of action – para 17.1
• Full name, address, occupation and whether party or employee of party - para 18.1
• Witness’ own words – para 18.1
• Witness’ own knowledge –para18.2
• Source of any information or belief – para 18.2
• Exhibits para 18.3 to 18.6
• Statement of Truth – para 20
• Other formalities - para 19
Evidence in witness statements of fact: key questions
• Is it relevant?
• Is it opinion?
• Is it hearsay?
• If it is hearsay, is it irrelevant or opinion?
Relevance and Court's powers
• Irrelevant evidence is not admissible – O’Brien v Chief Constable of South Wales
Police (2005).
• Court’s powers to control evidence.
Opinion evidence
• Expert evidence
• Opinion evidence from a non-expert inadmissible
• Personal perception evidence – s.3 (2) Civil Evidence Act 1972
Hearsay – definition
• 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(2) (a) Civil Evidence Act 1995
• Different rules in criminal proceedings
Is it hearsay?
• Is it an oral or written statement made outside the courtroom?
• Is it presented to show the statement is true?
