Phipson on Evidence, 18th Edition

Author: Hodge M Malek, QC
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414028500
Published In: December 2013
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Fully up to date with all changes brought in by the Civil Procedure Rules and the Criminal Procedure Rules
Considers a broad range of case law, including that of the Commonwealth Provides answers for civil and criminal practitioners who have an evidence-related question
Explores in detail the differences in gathering and admitting evidence in criminal and civil proceedings
Considers the burden and standard of proof Examines evidence taken or served prior to a trial
Considers the examination of witnesses
Looks at good and bad character Includes analysis of privilege and facts excluded by public policy
Examines hearsay in civil and criminal proceedings
Analyses the use and admission of opinion and expert evidence
Looks at the exclusion and inclusion of extrinsic evidence
Examines the judicial discretion to admit or exclude evidence

Introduction
Defining the issues Judicial notice
Admissions
Estoppels
Burden and standard of proof
Relevance admissibility and weight; previous and subsequent existence of facts; the best evidence rule
Attendance of witnesses: witness summonses and letters of request
Competence and compellability, oath and affirmation
Evidence taken or served before trial; duty to disclose
Rules of evidence relating to the course of a trial: general
Rules of evidence relating to the course of a trial: Examination of witnesses
Evidence taken after trial
Corroboration and supporting evidence Identification
Physical conditions, states of mind and emotions
Character: general and introductory
Good character
Bad character of the accused (prosecution aspects)
Bad character of the accused (defence aspects)
Bad character of the co-accused
Bad character of persons other than the accused
Privilege: legal professional privilege
Privilege: other forms of privilege
Facts excluded by public policy
Loss and abuse of privilege
The implied undertaking
The rule against hearsay
Hearsay in civil proceedings
Hearsay in criminal proceedings
Res gestae and certain other exceptions to the hearsay rule in criminal proceedings
Common law exceptions to the rule against hearsay: evidence of reputation or family tradition; published works; public information; bankers’ books; ancient documents
Opinion and expert evidence
Restrictions on the right to silence: introduction
Confessions Statements in the presence, and documents in the possession, of a party
Agency, partnership, companies common purpose, acting in a capacity
Judicial discretion to admit or exclude evidence
Probates, verdicts, awards, inquisitions, pleadings, writs and depositions in former trials
Authorship and execution; attestation; ancient documents; connected and incorporated documents; alterations and blanks; registration stamps, etc. Contents of documents generally: primary and secondary evidence, contents of particular documents; public, judicial and private
Exclusion of extrinsic evidence in substitution of, to contradict, vary, or add to documents
Admission of extrinsic evidence in aid of interpretation and to rebut presumptions
Judgments
Appendix