Arbitration / Mediation / Litigation

Phipson on Evidence, 17th Edition (Mainwork + 2nd Supplement)

Edited by Hodge M. Malek · Jonathan Auburn · Roderick Bagshaw
Sweet & Maxwell U.K. December 2012

Specifications

ISBN-13
9780414024137
Publisher
Sweet & Maxwell U.K.
Publication
December 2012
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The leading work on civil and criminal evidence, Phipson on Evidence:

  • Examines in detail all aspects of the complex principles and procedures which make up the law of evidence
  • Covers every area of the subject in depth, so that the work can be relied upon to solve even the most complex questions relating to evidence
  • Takes into account the introduction of the Civil Procedure Rules, the Criminal Justice Act 2003 and subsequent legislation passed in the five years since the previous edition was published
  • Provides a one-stop source of information, bringing the work completely up-to-date in its coverage of all recent developments in case law and legislation
  • Deals with the fundamental changes to the rules of hearsay and character introduced by the Criminal Justice Act 2003
  • Covers both civil and criminal evidence
  • Considers the complex mix of rules, principles and practice in a depth that is the envy of its competitors

Table of Contents

1. Introduction
2. Defining the issues
3. Judicial notice
4. Admissions
5. Estoppels
6. Burden and standard of proof
7. Relevance, admissibility and weight; previous and subsequent existence of facts; the best evidence rule
8. Attendance of witnesses: witness summonses and letters of request
9. Competence and compellability, oath and affirmation
10. Evidence taken or served before trial; duty to disclose
11. Rules of evidence relating to the course of a trial: General
12. Rules of evidence relating to the course of a trial: Examination of witnesses
13. Evidence taken after trial
14. Corroboration and supporting evidence
15. Identification
16. Physical conditions, states of mind and emotions
17. Character: general and introductory
18. Good character
19. Bad character of the accused (prosecution aspects)
20. Bad character of the accused (defence aspects)
21. Bad character of the co-accused
22. Bad character of persons other than the accused
23. Privilege: legal professional privilege
24. Privilege: other forms of privilege
25. Facts excluded by public policy
26. Loss and abuse of privilege
27. The implied undertaking
28. The rule against hearsay
29. Hearsay in civil proceedings
30. Hearsay in criminal proceedings
31. Resgestae and certain other exceptions to the hearsay rule in criminal proceedings
32. Common law exceptions to the rule against hearsay: evidence of reputation or family tradition; published works; public information; bankers’ books; ancient documents
33. Opinion and expert evidence
34. Statistical and survey evidence
35. Restrictions on the right to silence: introduction
36. Confessions
37. Statements in the presence, and documents in the possession, of a party
38. Agency, partnership, companies common purpose, acting in a capacity
39. Judicial discretion to admit or exclude evidence
40. Probates, verdicts, awards, inquisitions, pleadings, writs and depositions in former trials
41. Authorship, copies and execution
42. Exclusion of extrinsic evidence to substitute, contradict, vary, or interpret documents
43. Judgments
44. Appendix

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