Judicial admissions

Question 1

def of judicial admission

Answer 1

admissions made part of the legal proceedings that are binding on the party and no need for proof. NB// should be distinguished from extra-judicial admissions that require proof

Question 2

adversarial approach

Answer 2

no need to prove a matter submitted by another party must be formal confession.

Question 3

lee v NCB

Answer 3

any judicial admission must be taken subject to any explanation/ qualification

Question 4

civil evidence s.8

Answer 4

action concerning family relationships: s.8(1)no decree or judgement in favour of the pursuer shall be pronounced until the grounds have been established by evidence

s. 8(2) s8(1) above applies to divorce ect…
s. 8(3) any action of nullity of marriage shall consist of evidence other than that of a party to the marriage

Question 5

admissions on record the process of written pleadings in CIVIL

Answer 5

open record. adjustment and closed record.

Question 6

Jackson v Glasgow CIVIL

Answer 6

admissions in closed record are binding and do not need to be proved by evidence. this even applies in later cases against party making an admission

Question 7

Open record CIVIL

Answer 7

written assertions by the claimant. these are submitted by the court the defender will either admit or deny accusations.
defender will submit their own averments.
open record will build up the case. any admission isn’t binding. any admission is qualified by until there is a closed record.
once parties happy then it is binding and written pleadings are closed

Question 8

implied admission CIVIL

Answer 8

party does not expressly deny a fact within his knowledge is deemed to have admitted it. even where the pleadings say “not admitted”

Question 9

Galbreith v central motor engineering co CIVIL

Answer 9

A accused B of disponing an item whilst sequestered. it was never denied by A. court held as A had faild to deny = impliedly admitted.

Question 10

clark v clark CIVIL

Answer 10

implied admissions: every statement of fact shall be answered by every other party. if such a statement is within the knowledge of another party and not denied. then it shall be deemed to have admitted the statement of fact.

Question 11

convey v Kirkwood CIVIL

Answer 11

can make an admission after the record has closed, for use only in consistorial actions, made by one or both of the parties. these are JOINT minutes. agreed on by both parties.

Question 12

Joint minutes CIVIL

Answer 12

where parties agree to s.11 order, aliment of child an order for financial provision.
entered into when to express agreement. sheriff grants the decree.

Question 13

notices to admit CIVIL

Answer 13

at any time the record has closed a party may intimate to any other party a notice calling on him to admit for the purposes of that clause only:
facts in averred in pleadings ID in notice.
Process for lodging doc: authenticated doc ect.
within 21 days party has not intimate non admission.
if do not within 21 days then will be deemed to accept the fact unless the sherrif on special clause directs otherwise.

Question 14

oral admission CIVIL

Answer 14

treated as formal admissions

Question 15

CRIMINAL Guilty plea

Answer 15

accepted by the crown not withdrawn until conclusive against the accused

Question 16

crim justice act 1995 s.146(8)

Answer 16

it shall not be necessary for the prosecutor to establish a charge or part of a charge to which the accused pleads guilty.

Question 17

mclean v HM Adv (CRIM)

Answer 17

where a guilty plea is not accepted or withdrawn: plead guilty on assult charge but element of consent was dropped. the prosecution wanted orginal charge. sherrif accepted the def guilty plea. ON appeal held s plea of guilty if not accepted by the pros will not proceed

Question 18

walsh v HM adv

Answer 18

guilty plea one of several charges (solemn) Jury made aware of guilty pleas for other offences that were not before the court at the time court held other offences QUASHED

Question 19

McColl v skeen

Answer 19

Summary case guilty pleas several charges. no jury. sherrif was entitled to have regard to partial guilty plea IF RELEVENT TO CHARGES. case was for forged MOT. had been found guilty of driving without MOT. sherrif entitled to hear the guilty plea as it was relevant.

Question 20

CRIM 1995 ACT s.256 (1)

Answer 20

parties agree on evidence not in contention:
in any trial it shall not be necessary for the accussed or pros:
a prove a fact admitted by the other
prove a doc that is not in dispute between them

Question 21

s.256 (2) 1995 act

Answer 21

admission or agreement shall be lodged with the clerk of court
admission will be submitted by counsel/ sol
agreement admitted by sol/council

Question 22

s.256(3) 1995 act

Answer 22

where a fact is lodged and signed and agreed will be deemed to have been duly proved.

Question 23

s.257 1995 act

Answer 23

duty to agree evidence in matter of dispute

Question 24

s.257(1) 1995 act

Answer 24

pros and accused shall id facts which are

a) seeking to prove
b) unlikely to be disputed
c) in proof that he does not wish to lead oral evidence.

without prejudice to s.258 they shall take all reasonable steps to secure an agreement of the other party.

Question 25

s.257(2) 1995 act

Answer 25

s.257(1) does not apply if accused is not legally represented

Question 26

s.257(4) 1995 act

Answer 26

facts to be id
high court pre preliminary hearing
sheriff court pre first diet

Question 27

s. 258 1995 act

Answer 27

allows a party to be proactive in this regard serve statements

Question 28

s.258(2ZA) 1995

Answer 28

s.258(1) have to serve a statement of facts, which would normally have to prove, but are unlikely to be disputed, within a relevant period. relevant period = summary 7days if not done within 7days (conclusively proved)
in any other case 14 days
s.258(2A) the relevant diet= high court prelim hearing, summary intermediate diet
other case the trial diet
COURT, THE FIRST DIET

Question 29

s.258(3) 1995 act

Answer 29

unless any other party serves on the first party, no MORE than 7 days after the date. (unless the court grants special circumstances for time extension)
the facts specified shall be deemed to be proved.

Question 30

s.258(4) 1995 act

Answer 30

if unchallenged notice shall be deemed to be proved.
ss.4( A)if a challenge is made 48hrs pre diet then it shall be DISREGARDED
relevant diet is same as before .. high court pre lim
HOWEVER, (4C/D)COURT may allow time limit to be passed if cause shown

Question 31

S.258(5) 1995 ACT

Answer 31

ss.3+4 do not prevent a person from leading said evidence if FACT REFERRED to in statement

Question 32

ashif v HM ADV

Answer 32

challenge was made to provisions on the basis that it denied the accused the right to a fair trial (right to silence) art 6 contention rejected

Question 33

Evans v Wilson

Answer 33

strictness in interpretations admission failure of crown to admit doc = meant later quashed conviction

Question 34

Owens v HM ADV

Answer 34

def plead self defence. pros argued: certain types of evidence = implied admission thus no need to show actus reus.
court accepted. 
lecturer= the plea of self defence does not relieve the crown of having to prove all elements of the crime.