08 Evidence

Question 1

What is admissible evidence?

Answer 1

Admissible evidence is evidence that a party is allowed to present to the court and which the court is allowed to consider. its use cannot be objected to on the basis that it is either irrelevant or immaterial, or that it violates the rules relating to an exception, such as hearsay.

Question 2

What is opinion evidence?

Answer 2

This evidence of the opinion of a particular witness, as opposed to a direct account of the facts.

Question 3

What is hearsay evidence?

Answer 3

A statement made outside of court which is repeated in court by somebody who did not originally make the statement to prove the truth of a particular fact or matter stated.

Question 4

What are the 2 exceptions on the admissibility of opinion evidence?

Answer 4

• Evidence based on facts of the case that are personally perceived by the witness (and not their own personal view of the events)
• Expert opinion evidence with their qualified area of expertise

Question 5

What are the matters to consider to establish whether hearsay evidence is admissible?

Answer 5

• Does the evidence in question fall under the definition of hearsay?
• Is the hearsay evidence admissible according to the test?
• Have the procedural requirements to use hearsay evidence been complied with?
• What weight is the court likely to attach to the hearsay evidence?

Question 6

What is the test for hearsay evidence to be admissible?

Answer 6

The evidence will be admissible under s1 Civil Evidence Act 1995 where it:
- relates to a relevant fact; and
- is not repetition of an opinion that is not a perception of the facts.

Question 7

Can a party rely on expert evidence without the prior permission of the court?

Answer 7

No. Permission is usually given when the court gives initial directions, but it can be applied for independently by the party seeking to rely on expert evidence at any point in proceedings.

Question 8

What options has a party who is unhappy with a report issued by a single joint expert?

Answer 8

• instruct another expert, but they would have to seek permission of the court to rely on it in proceedings
• cross-examine the single joint expert at trial to expose what they believe are the weaknesses and inconsistencies of the report
• obtain a second report and send it to the single joint expert prior to trial in the hope that this may lead to re-evaluation, although the second report would not be able to be produced for the court

Question 9

What is the deadline for parties to ask their opposition expert questions on the contents of their report?

Answer 9

Within 28 days of the report being served on them

Question 10

What is a notice to attack credibility

Answer 10

A document which notifies a party that the opponent wishes to challenge their witness testimony on the basis that the witness is unreliable, untrustworthy or biased.