Civil Trial and Evidence (Syllabus 21)

Question 1

What power does the court have to control evidence?

Answer 1

the court can give directions as to the issues on which it requires evidence, the nature of the evidence it requires and the way in which that evidence should be placed before the court.

Question 2

What form does witness evidence usually take at trial?

Answer 2

oral evidence given in public

Question 3

What form does witness evidence usually take at any other hearing?

Answer 3

their evidence by writing.

Question 4

Can video link be used to give evidence?

Answer 4

Yes, the court may allow a witness to give evidence through a video link or by other means.

Question 5

Can the court proceed with a trial in the absence of a party?

Answer 5

Yes, but-

(1) if no party attends the trial, it may strike out the whole of the proceedings
(2) if the claimant does not attend, it may strike out his claim and the defence to the counterclaim; and
(3) if a defendant does not attend, it may strike out his defence or counterclaim.

Question 6

where the court strikes out proceedings or any part of them can the proceedings be restored?

Answer 6

Yes

Question 7

Where an application is made to set a judgment aside by a party who failed to attend the trial what must the applicant do?

Answer 7

(1) act promptly when he found out the court had exercised its power against him
(2) had a food reason for not attending the trial; and
(3) has a reasonable prospect of success at trial.

Question 8

Where will a trial normally take place?

Answer 8

at a Civil Trial Centre but it may be in another court if it is appropriate having regard to the needs of the parties and the availability of court resources.

Question 9

Can the judge dispense with an opening address?

Answer 9

Yes

Question 10

Can the judge vary or confirm any timetable previously given?

Answer 10

Yes

Question 11

What will the judge usually do at the conclusion of the trial?

Answer 11

summarily assess the costs of the claim.

Question 12

If a party serves a witness statement and wishes to rely on the evidence of that witness at trial, does he have to call that witness?

Answer 12

Yes, unless the court orders otherwise or he puts the statement in as hearsay.

Question 13

If a witness is giving oral evidence at the trial can they amplify their witness statement and give evidence to new matters that have arisen?

Answer 13

Yes, but only with the permission of the court.

Question 14

How can a party rely on another party’s witness if they do not call the witness or put the statement in as hearsay?

Answer 14

the other party can put the witness statement in as hearsay.

Question 15

Are witness statements hearsay, if they are put in by a party who fails to attend trial?

Answer 15

No

Question 16

What does hearsay mean?

Answer 16

a statement made, otherwise than by a person while giving oral evidence in proceedings, which is tendered as evidence of the matters stated

Question 17

What must a party intending to rely on hearsay evidence serve with the witness statement?

Answer 17

(1) inform the other parties that the witness is not being called to give oral evidence; and
(2) give the reason why the witness will not be called.

Question 18

How will a party comply with s.2(1)(a) of the CEA 1995 when intending to rely on hearsay evidence?

Answer 18

Either-

(1) that evidence is to be given by a witness giving oral evidence; or
(2) that evidence is contained in a witness statement of a person who is not being called to give oral evidence.

Question 19

What must the notice for intention to rely on hearsay say?

Answer 19

(1) identifies the hearsay evidence
(2) states that the party serving the notice proposes to rely on the hearsay evidence at trail; and
(3) gives the reason why the witness will not be called.

Question 20

What must the party proposing to to rely on the hearsay evidence do?

Answer 20

serve the notice no later than the latest date for serving witness statements and if the hearsay evidence is to be in a document, supply a copy to any party who requires him to do so.

Question 21

When is notice of intention to rely on hearsay evidence not required?

Answer 21

duty to give notice of intention to rely on hearsay evidence does not apply-

(1) to evidence at hearings other than trial
(2) to an affidavit or witness statement which is to be used at trial but which does not contain hearsay evidence
(3) to a statement which a party to a probate action wishes to put in evidence and which is alleged to have been made bu the person whose estate is he subject of the proceedings; or
(4) where the requirements is excluded by a PD

Question 22

Is there a power to call a witness for cross-examination?

Answer 22

Yes, the parties may make an application to permit cross-examination of the maker of a statement

Question 23

When must an application to cross-examine a person whose statement is being adduced as hearsay be made?

Answer 23

not more than 14 days after the notice of intention to rely on hearsay was served.

Question 24

Where a party is relying on hearsay evidence and another wishes to call evidence to attack the credibility of the person who made the statement, what must that party do?

Answer 24

give notice of his intention to the party who proposes to give the hearsay statement in evidence, this notice must be given not more than 14 days after the hearsay notice was served.

Question 25

CPR 33.6 (use of plans, photographs and models as evidence) applied to what evidence?

Answer 25

evidence which is not

(1) contained in a witness statement, affidavit or expert’s report;
(2) to be given orally at trial; or
(3) evidence of which ruer notice must be given.

Question 26

Where a party intends to use evidence as evidence of any fact when must he give notice?

Answer 26

not later than the latest date for serving witness statements.

Question 27

How much notice does a party need to give?

Answer 27

21 dats before the hearing at which he proposes to put in the evidence, if-

(1) there are not to be witness statements; or
(2) he intends to put in the evidence solely in order to disprove an allegation made in a witness statement.

Question 28

What does s.11 of the CEA 1968 deal with?

Answer 28

convictions as evidence in civil proceedings.

Question 29

In civil proceedings is a criminal conviction admissible in evidence?

Answer 29

Yes, but no conviction other than a subsisting one shall be admissible in evidence by virtue of this section.

Question 30

What does s.1 CEA 1995 state?

Answer 30

that hearsay evidence is admissible.

Question 31

What does s.2 CEA 1995 require?

Answer 31

for notice of proposal to adduce hearsay evidence.

Question 32

What consideration are relevant to weighing of hearsay evidence?

Answer 32

(1) whether it would gave been reasonable and practicable for the party to have produced the maker of the original statement as a witness
(2) whether the original statement was made contemporaneously with the occurrence or existence of matters stated
(3) whether the evidence involves multiple hearsay.
(4) whether the original statement was an edited account or was made in collaboration with another or for a particular purpose.
(5) whether the circumstances in which the evidence is adduced as hearsay are such. as ti suggest an attempt to prevent the proper evaluation of its weight.