SGS 6 - Evidence

Question 1

What are the two exceptions to the rule that opinion evidence is generally inadmisible?

Answer 1

1) perceived facts (s3(2) CEA ‘75)

2) expert evidence (S3(1) CEA ‘75)

Question 2

What is the definition of hearsay evidence?

Answer 2

An oral or written statement made out of court adduced in court to prove the truth of the matter stated

Question 3

What is the general rule on hearsay evidence?

Answer 3

s1 CEA 1995 - it is admissible in civil proceedings

Question 4

What does s2(1)(a) CEA ‘95 say?

Answer 4

That if a party intends to adduce hearsay evidence, they must give notice to the other side of their intention to do so.

Question 5

What does s2(1)(b) CEA ‘95 say?

Answer 5

Upon request from the other side, the party adducing hearsay evidence must give such particulars of the evidence as is practicable and reasonable in all the circumstances

Question 6

What does CPR 33.2(1)(a) say on notice of hearsay evidence?

Answer 6

If the hearsay evidence is being adduced in a witness statement, then on exchange of witness statement the requirement to give notice will be complied with (aka s2(1)(a) of CEA ‘95)

Question 7

What does s3 CEA ‘95 say?

Answer 7

Where a party receives notice of the other side adducing hearsay evidence, he may apply to the court for permission to call the original maker of the statement to be cross-examined

Question 8

In deciding what weight to attach to hearsay evidence which factors will be relevant?

Answer 8

The factors in s4 CEA so e.g

• whether it would have been reasonable and practicable for the party adducing the evidence to have called the original maker of the statement
• whether the evidence involves multiple hearsay

Question 9

what does s5(2)(a) CEA say?

Answer 9

That when hearsay evidence is adduced, the party not adducing the evidence may attack the credibility of the witness where attacking credibility would not usually be permitted

Question 10

Which part of CPR prescribes what needs to go in the top corner endorsement?

Answer 10

32 PD 17.2

Question 11

Which part of CPR covers the information and belief paragraph?

Answer 11

32 PD 18.2

Question 12

Which part of CPR states how exhibits should be referred to within the witness statement?

Answer 12

32 PD 18.4

Question 13

Which part of CPR gives the statement of truth to be used in witness statements?

Answer 13

32 PD 20.2

Question 14

Which part of CPR prescribes the witness information that needs to go in the first paragraph of the witness statement?

Answer 14

32 PD 18.1
e.g full name of witness, address (personal or occupational), occupation, his status in proceedings i.e employee of the Claimant, how the statement has been produced

Question 15

Where can you find the role of experts?

Answer 15

35 PD 2.1-2.5

Question 16

Where can you find the duty of experts?

Answer 16

CPR 35.3 - owe duty to the court to help clarify areas within their expertise

Question 17

When can a party call expert evidence?

Answer 17

CPR 35.4(1) when the court grants permission. The court is under a duty in CPR 35.1 to restrict expert evidence to that which is reasonably necessary to resolve the dispute

Question 18

Which part of CPR says that the court might direct a single joint expert is instructed?

Answer 18

CPR 35.7

Question 19

What does Daniels v Walker say?

Answer 19

If you want to challenge the evidence given by a single joint expert, you might be able to by seeking the court’s permission to instruct a second expert. The challenge will need to be more than fanciful.

Question 20

Can the expert give their evidence orally only?

Answer 20

No. expert evidence must be in a written report (CPR 35.5(1))

Question 21

Which part of CPR gives the statement of truth to go at the end of the expert’s report?

Answer 21

35 PD 3.3

Question 22

When can a party ask questions of the expert? Give the CPR reference.

Answer 22

35.6 covers questions to the expert. A party can only submit questions once and must do so within 28 days of service of the expert report.

Question 23

Which part of CPR covers discussions between experts?

Answer 23

35.12 - court might order the experts to discuss issues in the dispute

Question 24

What does 35.10(4) say?

Answer 24

Instructions to the expert will not be subject to litigation privilege