CPR 33 - Hearsay Flashcards
33.1 has the definition of hearsay
Example of when you’d use hearsay evidence
Witness is giving evidence as to colour of the car that drove by; no point cross examining someone on something like this, therefore you accept it as hearsay.
You can use it as evidence in hearings; for injunctions we just use hearsay.
Another example
John wants to put in hearsay, you can say to court ‘wanna cross-x him, cus I think he’s lying or cus there more to the issue e.g. she was drunk + didn’t know the colour; she must’ve been confused’.
Can cross-x due to credibility, maybe due to being an alcoholic.
10 weeks window gone, here are our WS’s and btw we’re not planning on calling Sue, we wanna put it in as hearsay; they say no and have 14 days to apply to cross examine sue
14 days after the day of notice of intention to reply
Use of plans, models and photos - how much notice do you need to give to use these?
Need to give notice 21 days before the hearing to let them know what models/photos you’re going to use
The weight that you’d attach to hearsay is based on the facts e.g. why’s it hearsay? why haven’t they given evidence in person? where did the hearsay come from? e.g. at time of accident or 3 months later.
Is it multiple hearsay? have they motives to lie and conceal facts? Have they complied with everything they should’ve done?
Documents
If you disclose documents and other side doesn’t put it to proof and just accept it; this principle doesn’t apply to any document which comes from a business or public authority
Example
Paper of local police stations CO2 emissions is gonna be accepted without need for further proof. You don’t challenge documents for more proof if they’re from a company, as you would if document was from an individual.
