topic 7- Evidence

Question 1

what is the general rule for witness statements?

Answer 1

any fact that needs to be proved must be oral evidence.

Question 2

how do witness statements for interim applications differ?

Answer 2

witness statements can be in writing.

Question 3

when is notice given for hearsay evidence?

Answer 3

if part of a witness statement…. no formal notice required.

• If the evidence is in a witness statement of a person who is not giving oral evidence at trial, no formal notice is required but the other party must be informed that the witness will not be giving evidence at trial with reasons.
• If notice is not given properly, evidence is admissible, but court attaches less value to it.

Question 4

do parties need permission for expert evidence?

Answer 4

NOT NEEDED to instruct one.
Needed for adduce expert evidence at trial!

Question 5

can questions be put to experts?

Answer 5

yes, written questions can.
submitted to the expert within 28 days of service to the report.