Phipson on Evidence, 21st edition

Part of the Common Law Library series, 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.

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.

The new edition considers a number of important legal developments, including:

• Discussion of the Privy Council decision in Jardine Strategic Ltd v Oasis Investments Master Fund Ltd (No.2) [2025] UKPC 34, in which the Privy Council held that the longstanding principle of English law that companies generally cannot claim legal advice privilege against their shareholders “forms no part of the law of Bermuda, and that it ought not to continue to be recognised in England and Wales”.
• The decision in IBG v G [2024] EWCOP 13, which considered the application of the correct test for the admissibility of similar fact evidence in Court of Protection proceedings.
• The scope and use of expert assessors, appointed to assist the Court pursuant to CPR r31.15, which was considered by the Court of Appeal in Laidley v. Metropolitan Housing Trust Ltd [2025] EWCA Civ 448.

The General Editor for the 21st edition is Hodge M. Malek KC, with contributors Roderick Bagshaw, Faras Baloch, Tariq Baloch KC, Yash Bheeroo, Edmund Burge KC, Douglas Day KC, Damian Falkowski, Saima Hanif KC, Charles Hollander KC, Ravi Jackson, Peter Mirfield, and James Potts.