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Phipson on Evidence, 19th Edition (2nd Supplement only)

Phipson on Evidence, 19th Edition (2nd Supplement only)

Author: Hodge M. Malek; Jonathan Auburn; Roderick Bagshaw
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414082748
Published In: December 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Phipson on Evidence is the leading work on civil and criminal evidence. It examines in detail all aspects of the principles and procedures making up the law of evidence. Coverage includes the admission of evidence, the standard of proof, the attendance of witnesses, good and bad character, legal professional privilege, hearsay, expert evidence, confessions, judicial discretion and many other evidential issues.

Phipson on Evidence is the leading work on civil and criminal evidence. It examines in detail all aspects of the principles and procedures making up the law of evidence. Coverage includes the admission of evidence, the standard of proof, the attendance of witnesses, good and bad character, legal professional privilege, hearsay, expert evidence, confessions, judicial discretion and many other evidential issues. The Second supplement to the Nineteenth ediiton brings the mainwork up-to-date by considering a number of important legal developments, including:
the Government’s recent statement that, in light of Covid, legislation will be passed to legalise the witnessing of wills by remote means e.g. via platforms such as Zoom or FaceTime;

the Court of Appeal decision in Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600 where the Court upheld the first instance decision that legal advice privilege attaching to communications between a company and its’ solicitors, subsisted despite the company's subsequent dissolution;

the appellate decision in Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 in which the Court of Appeal considered the circumstances in which LPP could be overridden by statute;

Shagang Shipping Company Ltd v HNA Group Company Ltd [2020] UKSC 34 where the Supreme Court provided guidance as to the approach to be adopted towards evidence allegedly obtained by torture; and

Yam v UK [2020] ECHR 41, where the European Court of Human Rights rejected the applicant’s submission that in holding part of a murder trial in camera, the UK had breached Article 6 of the Convention.
And many more...

Key features:
Leading work and authority on civil and criminal evidence, frequently quoted in court

Written by a prominent team of expert authors, with excellent balance between leading practitioners and academics

Fully updates all changes brought in by the Civil Procedure Rules and the Criminal Procedure Rules

Examines in detail all aspects of the complex principles and procedures which make up the law of evidence including admission of evidence, evidence taken or served prior to a trial, the rules of evidence during the course of a trial and the examination of witnesses

Considers the burden and standard of proof

Discusses all aspects of good and bad character

Includes analysis of privilege and facts excluded by public policy

Examines hearsay in civil and criminal proceedings

Looks at the exclusion and inclusion of extrinsic evidence

Examines the judicial discretion to admit or exclude evidence

Considers a broad range of case law, including that of the Commonwealth
- Chapter 1: Introduction;
- Chapter 2: The Defining of the issues;
- Chapter 3: Judicial notice;
- Chapter 4: Admissions;
- Chapter 5: Estoppels;
- Chapter 6: Burden and standard of proof;
- Chapter 7: Relevance, admissibility and weight: previous and subsequent existence of facts: the best evidence rule;
- Chapter 8: Attendance of witnesses;
- Chapter 9: Competence and compellability, oath and affirmation;
- Chapter 10: Evidence taken or served before trial; duty to disclose;
- Chapter 11: Rules of evidence relating to the course of a trial: general;
- Chapter 12: Rules of evidence relating to the course of a trial: Examination of witnesses;
- Chapter 13: Evidence taken after trial;
- Chapter 14: Corroboration and supporting evidence and related warnings;
- Chapter 15: Identification;
- Chapter 16: Physical conditions, states of mind and emotions;
- Chapter 17: Character: general and introductory;
- Chapter 18: Good character;
- Chapter 19: Bad character of the accused (prosecution aspects);
- Chapter 20: Bad character of the accused (defence aspects);
- Chapter 21: Bad character of the co-accused;
- Chapter 22: Bad character of persons other than the accused;
- Chapter 23: Legal professional privilege;
- Chapter 24: Other forms of privilege;
- Chapter 25: Facts excluded by public policy;
- Chapter 26: Loss and waiver of privilege;
- Chapter 27: The collateral undertaking;
- Chapter 28: The rule against hearsay;
- Chapter 29: Hearsay in civil proceedings;
- Chapter 30: Hearsay in criminal proceedings;
- Chapter 31: Res gestae and certain other exceptions to the hearsay rule in criminal proceedings;
- Chapter 32: Common law exceptions to the rule against hearsay: evidence of reputation or family tradition; published works; public information; bankers’ books; ancient documents;
- Chapter 33: Opinion and expert evidence;
- Chapter 34: Statistical and survey evidence;
- Chapter 35: Restrictions on the right to silence;
- Chapter 36: Confessions;
- Chapter 37: Statements in the presence, and documents in the possession, of a party;
- Chapter 38: Agency, partnership, companies common purpose, acting in a capacity;
- Chapter 39: Judicial discretion to admit or exclude evidence;
- Chapter 40: Authorship and execution; attestation; ancient documents; connected and incorporated documents; alterations and blanks; registration stamps, etc.;
- Chapter 41: Documents and documentary evidence; how documentary evidence is proved; categories of documentary evidence; public, judicial, private;
- Chapter 42: Exclusion of extrinsic evidence in substitution of, to contradict, vary, or add to documents;
- Chapter 43: Judgments;
- Chapter 44: Appendix: Miscellaneous Statutes, Rules etc.