A well written and detailed Law of Evidence lecture notes containing outstanding explanation of each particular area of land. Extremely descriptive approach allows you to understand the Law of Evidence more effectively, providing tremendous fundaments for achieving the best possible grade. Apart o...
Experts
- What is an expert?
- When is their evidence admissible?
WHAT IS OPINION EVIDENCE?
Opinion - ‘…a view or judgement not necessarily based on fact or knowledge…an
estimation of quality or worth…’
ADMISSIBILITY
Opinion evidence is generally not admissible – why?
- Relevance - There is a question of relevance, whether it is accurate or not.
- Usurping the role of the tribunal of fact – It is up to the tribunal of fact to
decide what happened. The witness is there to provide the evidence only; the
tribunal will decide based on the statement.
- Undue weight may be given to it
- Waste of Time
NON-EXPERT OPINION
Section 3(2) - Civil Evidence Act 1972
It is hereby declared that where a person is called as a witness in any civil
proceedings, a statement of opinion by him on a relevant matter on which he is not
qualified to give expert evidence, if made as a way of conveying relevant facts
personally perceived by him, is admissible as evidence of what he perceived.
NON-EXPERT OPINION
May be admissible if it is only a convenient way of stating several facts. It must not
require any application of special expertise to form this opinion.
Witnesses should be never asked or guess / estimate how much alcohol was in the
blood. It is not acceptable. It will not be admissible.
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