Evidence

Question 1

which part of the cpr contains the rules re evidence

Answer 1

parts 32 and 33

Question 2

what are the two types of evidence

Answer 2

factual evidence from witness and expert witness from suitably credible witness

Question 3

what is a witness statement?

Answer 3

written statement signed by a person containing evidence which the person would be allowed to give orally

Question 4

what if additional witness evidence is required

Answer 4

prepare and serve supplemental witness statement ASAP

Question 5

what should the statement be in PD 32 18.1

Answer 5

witnesses’ own words as far as practicable and drafted in their own language, in the first person

Question 6

what if there is any defect in the witness statement

Answer 6

court can refuse to admit it as evidence

Question 7

what must the witness statement not contain

Answer 7

matters asserted that are not within the knowledge of the witness

Question 8

what must WS contain

Answer 8

statement of truth in witnesses own language signed by themself

Question 9

can witness add to witness statement r32.5

Answer 9

with court permission

Question 10

what happens after serving witness statement

Answer 10

witness called to give oral evidence, is cross examined

Question 11

what if witness does not want to go to court

Answer 11

court permission to give witness summary

Question 12

what must a witness summary contain

Answer 12

evidence that would otherwise go in a witness statement
areas about which they propose to question the witness
witness name and address

Question 13

what 4 things will be considered when granting permission for witness summary

Answer 13

whether applicant has shown inability to give witness statement
extent to which proposed witness is likely to give relevant evidence
whether summary compatible with overriding objective
adequacy of summary content

Question 14

what happens if witness summary or statement is not served within the relevan timeframe

Answer 14

witness cant give oral evidence without courts permission
seek extension and record in writing

Question 15

what is an affadavit

Answer 15

sworn statement of evidence

Question 16

general rule in relation to opinion evidence

Answer 16

not admissible

Question 17

what is hearsay evidence s1(2)(a) civil evidence act

Answer 17

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

Question 18

will evidence be excluded on grounds of hearsay s1 civil evidence act

Answer 18

no

Question 19

what does s2 impose on a party proposing to bring hearsay evidence

Answer 19

must notify any other party of the fact and give particulars re evidence

Question 20

can hearsay evidence be relied on where og statement was made by someone incompetent to be a witness

Answer 20

no

Question 21

what if evidence such as plan, photo, model or records are to be used and is not contained in a witness statement, given orally or subject to hearsay notice

Answer 21

inadmissible unless intention to use evidence is disclosed 21 days before hearing

Question 22

what can be used instead of trying to prove a particular fact

Answer 22

notice requiring admittance of facts form n266

Question 23

questions when determining whether expert evidence be permitted

Answer 23

is it necessary before the issue can be resolved

if not necessary, will it assist the court in resolving the issue

in the context of the proceedings, is expert evidence reasonably required

Question 24

what if an expert is unsure of their obligations

Answer 24

file request for court directions

Question 25

what is the duty of an expert witness

Answer 25

completely objective and unbiased in the way they provide their opinion

Question 26

how can the courts restrict expert evidence 35.1

Answer 26

to that which is reasonably required to resolve proceedings

Question 27

when is permission for expert witness granted

Answer 27

at the directions stage

Question 28

what is the norm in fast track proceedings re expert evidence

Answer 28

given via written report or reports rather than by way of oral evidence

Question 29

procedure for expert witness

Answer 29

to be given via written report and disclosed to the other party in accorance with court directions

Question 30

is expert report privileged

Answer 30

when first obtained as it has been prepared for the dominant purpose of litigation - they have to give to the other party where they wish to rely on it

Question 31

can ordinary witness give statement that could only be given by way of an exper

Answer 31

no- evidence cant be adduced which that witness cant give orally JD wetherspoon v Harris

Question 32

what if there is a conflict of interest

Answer 32

does not automatically disqualify an expert- key is whether the opinion is independent. material conflict would likely result in court refusal to permit

Question 33

what can a party that did not instruct the expert do after report has been disclosed

Answer 33

written question directed to expert

• may be put only once
  must be put within 28 days of service of the report
• must be to clarify the rpeort

Question 34

why would the parties experts meet

Answer 34

have a without prejudice discussion to agree and narrow down issues

Question 35

what if expert changes statment following discussion with solicitor

Answer 35

ammendum explaining change of opinion required

Question 36

can a modification of experts statement bind

Answer 36

modification of opinion cannot bind the party that instructed them

Question 37

where is it appropriate to have a single joint expert

Answer 37

fast track and intermediate unless there are good reasons not to do so/quantum issues

Question 38

what will court direct re single joint expert

Answer 38

parties prepare joint instructions

expert fees paid jointly by parties

further directions where identity of expert is not agreed

Question 39

what if fees to expert are high

Answer 39

court can limit amount to be paid by way of fees and expenses