evidence

Question 1

what is the standard of proof in civil proceedings and who bears the burden of proof

Answer 1

the balance of probabilities and the bruden lies on the party making the claim (defendant with counter claims and contributory negligence).

Question 2

true or false? evidence in civil proceedings is admissible, provided that it is relevant to the proceedings

Answer 2

true - provided evidence is relevant to the facts of the claims pleaded and that it is not opinion / hearsay evidence

Question 3

what is hearsay evidence and when is it permissible

Answer 3

hearsay evidence is evidence that is the repition of a perception of a relevant fact. it is admissible providethat the statement is not mere opinion and relates to the facts of the matter pleaded.

Question 4

true or false - if the court orders that expert evidence is needed in relation to s claim, each party must instruct their own expert to make it fair

Answer 4

particuarly in fast track cases, the court will often order single joint expert who will prepare a report on the same issues as both parties

Question 5

what is a single joint expert?

Answer 5

an expert instructed to prepare a report for the court on behalf of two or more of the parties inluding the claimant to the proceedings.