2020 Reform The Civil and Criminal Law (Miscellaneous Provisions) Act 2020 provides that business records may be offered in evidence in civil proceedings as an exception to the rule against hearsay. It is based on the recommendations of the Law Reform Commission in its Report on the Consolidation and Reform of Aspects of the Law of Evidence. A similar provision was made for the admissibility […]
Evidence Evidence is that which tends to prove or disprove the facts in dispute. Evidence must be relevant to the questions in issue. It must be relevant as a matter of fact and common sense and must not be inadmissible at law. There may be direct eyewitness evidence of the matters in dispute in many cases. In other cases, it may be necessary to rely […]
Plenary Trial A full plenary trial is the norm in civil litigation. A notice of trial is served by the plaintiff, or by the defendant if the plaintiff defaults in so doing. The categories of case in which there is a right to a trial by jury, is relatively narrow, being now limited to false imprisonment, assault, battery, defamation, malicious prosecution. A person entitled to a […]
Legal Professional Privileges Legal professional privilege is designed to protect frank communications between lawyers and their clients. Without privilege, a lawyer could not be properly instructed as the client would not be in a position to communicate with him, freely. He should be in a position to discuss his case fully and openly, weaknesses and all. Legal professional privilege protects this freedom. Legal professional privilege […]
Effect of Privilege The effect of privilege is that a person may decline to answer certain questions as a witness or produce documents in discovery, even if they are relevant or would be otherwise admissible. Most examples of privilege operate absolutely. They are not a matter of discretion on the part of the judge. Privilege must be claimed. Neither the opposing party nor the judge […]
Competence and Compellability Generally, any person is competent to give evidence provided he has the ability to give an intelligible account of the matters concerned. Historically, the test of competence was whether the witness was in a position to understand the nature and consequences of the oath. A challenge may be made to the competence of children and persons suffering from mental disorder to the give […]
Oral Trial the Norm The rules of court provide that in the absence of an agreement to the contrary, the general rule is that witnesses in court proceedings, are to give evidence court orally. The courts place a high value on the trial with verbal testimony and cross-examination, which gives the court (or jury) the opportunity to view the demeanour of the witness and assess […]
Admissions I A major exception to the hearsay rule is that a statement made against the maker ’s interest is admissible, even if it is hearsay. The reason is that it is presumed that a person will not have a motive to make a false statement against his own personal or financial interests In civil cases, an admission may be made formally in the pleading […]
Opinion Evidence & Experts Generally, witnesses are not entitled to give evidence in relation to matters which are not within their direct knowledge. They are not entitled to give opinions on facts or draw inferences from them. In principle, this is a matter for the judge or where there is a jury, the jury as directed by the judge. In modern times, with the advance […]
Judicial Notice Certain facts may be proved without bringing forward verbal evidence. Judges take so-called “judicial notice” of certain facts which are so notorious or established that they do not require proof. In the case of judicial notice, the judge may decide the matter with reference to his own knowledge or with reference to sources which are incontrovertible and reliable. When something is judicially it […]
Hearsay Evidence Rule The most famous rule of evidence is that prohibiting hearsay. Hearsay is a statement made otherwise than in court, which is offered as evidence of the truth of its contents. In the narrow and commonly understood sense, a witness may not generally relay that which another person said on another occasion as evidence of the truth of what that person said. The […]
General On any petition, motion or application evidence may be given by affidavit. The court may order the production for cross-examination, of the person making any such affidavit. All affidavits shall be filed in the central office. Those used in minor and wards of court matters are filed in the Wards of Court office. Affidavits in bankruptcy matters are filed in the Examiner ’s office. […]
General Statutory declarations are used for the proof of facts in non-contentious (non-litigation) matters. Statutes commonly require matters to be proved by way of statutory declaration. Legal practice, particularly in conveyancing and commercial transactions and matters, often requires proof of relevant facts and matters by way of a statutory declaration. A statutory declaration may be made before a notary public, commissioner for oaths, peace commissioner […]