SGS 6 Flashcards
What is hearsay evidence?
oral or written statement
made out of court
adduced in court
to prove the truth of the matter stated.
Is hearsay admissible? What statute governs this?
Yes in all civil proceedings (s.1 CEA 1995)
ss. 1-5 CEA 1995 but CPR 33 more useful.
What are the exceptions to the general rule that evidence of what a person thinks, believes or infers in relation to facts is inadmissible?
perceived facts (s.3(2) CEA 1972)
Expert opinion (s.3(1) CEA 1972).
What should you do if you are a claimant and an SJE has valued your claim at £200,000 less than expected?
Put questions to the expert (CPR 35.6)
Instruct expert advise
apply to court for permission to call expert advisor as expert witness (Daniels v Walker)
Consider cross examining SJE at trial
What should you do if you are a defendant and an SJE has valued the claim at £200,000 less than expected?
Serve notice to admit facts on other party (CPR 32.18)
Consider settlement (you are in stronger position)
How should you approach a disclosure and inspection question relating to an expert’s letter of instruction?
Run through test
Run through litigation privilege
Note exception in CPR 35.10(4).
Is an expert report disclosable?
Subject to litigation privilege until served on the other side at which point privilege is waived.
What happens after expert reports are exchanged?
Look to CPR 35.
Written questions
discussions between
Experts to narrow / agreed issues
Joint Statement
Experts can ask directions
What form should numbers and dates be in for a witness statement?
In figures 32PD 19.1(6).
Give an information and belief statement.
I make this witness statement from matters within my own knowledge or belief save as to where the contrary appears. Where I refer to matters of which I have been told by others, those matters are true to the best of my knowledge and the source of my information appears.
How do you refer to exhibits in a witness statement?
I refer to X note dated X marked AK1.
What constitutes ‘notice’ for the purpose of s.2(1)(a) CEA 1995?
A witness statement, s.33.2(b)
What additional statement should one add if the witness statement is in support of an interim application?
‘In the circumstances, I respectfully request this honourable court to grant judgement in favour of the Claimant’
