Arbitration / Mediation / Litigation

Civil Evidence: The Essential Guide

By Martin Iller
Sweet & Maxwell U.K. June 2006

Specifications

ISBN-13
9780421947108
Publisher
Sweet & Maxwell U.K.
Publication
June 2006
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book looks at the subject of civil evidence from the perspective of the busy practitioner. It is highly practical in focus, helping practitioners use the rules and procedures effeciently and effectively.

It helps answer the key questions frequently asked by those involved in civil actions, such as: How do I prove facts and what can I do to make the most of them? What evidence is vulnerable to exclusion? How can I ensure my opponent is providing full disclosure? How will I present the case at trial? How do the Civil Procedure Rules and the European Convention affect evidential issues?

* Deals with the rules and procedures relating to civil evidence from a practical perspective
* Covers factual, hearsay, oral, expert and opinion evidence as well as evidence in the form of witness statements
* Shows how to prove facts and what can be done to make the most of them
* Identifies what evidence is vulnerable to exclusion or inadmissible, and covers private and public interest immunity, legal professional privilege and without prejudice communications
* Provides advice on how to ensure an opponent is providing full disclosure
* Shows how best to present evidence at trial
* Incorporates diagrams, bullet points and summaries to help the reader understand and retain important or complex information more easily

Table of Contents

What this book is about
The scope of civil evidence
  • How do I prove my case?
  • What rules of procedure must I comply with to ensure admissible evidence is received?
  • How do I collect evidence (and how much must I disclose)?
The Impact of the European Convention of Human Rights and the Human Rights Act 1998
Background
  • Five key features of the ECHR
  • The Human Rights Act 1998
The Articles most relevant to evidence and disclosure
  • Article 6: the right to fair trial: key features
  • Article 8: right to privacy
Recent case law
Basic case analysis
  • Ten reasons why early case analysis is important
  • Basic case analysis
  • Some cautionary tales
Proving material facts: the fundamental rules
  • Burdens of proof
  • Proof by evidence
  • Exceptions
  • Categories of evidence
Hearsay and the Civil Evidence Act 1995
  • What is hearsay?
  • Civil Evidence Act 1995: general principles
  • Use of affidavits and witness statements as hearsay evidence
Evidence in interim applications
  • Burdens of proof
  • How is evidence given?
Disclosure, private and public interest immunity
Scope: some fundamental principles
  • The fundamentals
  • The scope of disclosure
  • Other forms of disclosure
Privilege
  • The nature of privilege
  • Without prejudice communications
  • Legal professional privilege
  • The privilege against self incrimination
Public policy: public interest immunity
Opinion evidence and experts
Opinion evidence: general
Experts
  • The main rule
  • The definition of an expert
  • CPR 35: The new regime
  • At the trial: scope of experts testimony
Witness statements: CPR 32
Other case management directions concerning admission of evidence
Hearsay notices
Narrowing and defining the issues
  • Notice to admit facts: CPR 32.18
  • Directions at listing and pre-trial reviews: CPR 32.1
Preparation of documents
  • Evidential uses of documents
  • Visual aids
Witness evidence
Examination at the trial
  • Preliminaries
  • Different types of hearing
  • Openings
  • Examination in chief
  • Cross examination
  • Re-examination
  • Closing speeches
  • Miscellaneous evidential matters relevant to a trial
Evidence before other courts and tribunals
Family proceedings
Arbitrations
Tribunals
Other quasi-judicial bodies
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