Hello thank you for the review! If there is anything I can do to improve then let me know. Best of luck with you studies.
Seller
Follow
izalpcnotes
Reviews received
Content preview
Witness Statements & Expert Evidence
Witness Statements and Expert Evidence
Witness evidence
CPR32.4(1): A witness statement is a signed statement of the evidence the witness would be allowed to give orally
if called to do so.
The court can control which evidence is admissible, on which issues, how it is presented before the court and to what
extent it may be cross-examined by giving specific directions, limited in cross examination etc. CPR32.1
Any fact which needs to be proved is to be proved at trial by way of oral evidence in public (1(a) (and at any other
hearing in writing) CPR32.2(1)(b)
Witnesses can give evidence by any means (video link is common) CPR32.3
Stage 1 – What evidence is admissible?
Stage 2 – How should it be formatted?
STAGE 1: What evidence is admissible?
Relevant Only relevant evidence is admissible: O’Brian v CC South Wales Police 2005 HL
Not opinion Generally, opinion evidence will be inadmissible (in Civil Cases).
o This is because the function of a witness is to relay facts; it is then for the court to draw its own
conclusions from these facts.
o So, statements such as, “he was a chancer” would be inadmissible. It is for the court to draw that
conclusion
Exceptions:
o s3(2) of the Civil Evidence Act 1972 makes clear that it is admissible to give evidence which
amounts to a ‘personal perception of facts.’
E.g. speed; if the witness states the vehicle was driving at “about 60 mph”, this is only an
opinion, but it is a perception of a fact and so may be admissible.
o s3(1) of the Civil Evidence Act 1972 provides that a witnesses’ opinion “on any relevant matter
on which he is qualified to give expert evidence shall be admissible in evidence”. Therefore,
expert witnesses CAN give opinions – when called as a witness, not hearsay
o In professional negligence claims, a defendant is allowed to give his own expert opinion on what
he did or did not do which is said to amount to negligence in his witness statement.
Hearsay Evidence? Require additional formalities.
Oral or written statement made outside the courtroom repeated to the court in order to prove the truth of the matter stated in court.
Step 1: “Hearsay”: s1(2)(a) of the Civil Evidence Act 1995
Define hearsay and o A statement (oral or written – any representation of fact or opinion)
statement o Made otherwise than by a person while giving oral evidence in the proceedings
(made outside the court room)
o Which is tendered as evidence of the matters stated (presented to court to show
that it is true, not just that it was made)
Hearsay is a therefore statement made:
Outside of the court,
Which is repeated to the court
In order to prove the truth of the matter stated out of court
E.g. Louise arrives later home to find her house burgled. A passer-by she doesn’t known tells
her ‘I saw three boys in their late teens running down the street five minutes ago. They were
yobs. One of them was carrying a TV’
The statement was made by a third party outside court and is repeated in court by
Louise to prove the truth of it (that boys were running away from scene, not that the
passer-by told her so). It is hearsay.
Step 2: Hearsay evidence is admissible in a civil proceedings – it is not excluded on the grounds it is
1
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller izalpcnotes. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.91. You're not tied to anything after your purchase.
