Evidence

Question 1

Admissibility

Answer 1

Relevant evidence is admissible unless:
1. Privileged
2. Opinion

Question 2

Hearsay

Answer 2

Hearsay is admissible but treated carefully:

Intend to call witness to give oral evidence: deemed notice by exchanging WS

Do not intend to call witness: serve Hearsay notice with witness statement

Question 3

Sanction for failing to give proper notice intend to rely on hearsay?

Answer 3

Admissible but may be given less weight or cost sanction

Question 4

What can other side do if served with Hearsay Notice?

Answer 4

Apply for XE = within 14 days
Apply to attack credibility = within 4 days

Question 5

What additional elements are required for a witnesss statement at interim hearing?

Answer 5

1. Reason for statement
2. Draft order

Question 6

Sanction for failing to serve witness statement

Answer 6

Cannot speak at trial without court permission

Question 7

Witness statement contents

Answer 7

Heading + endorsement
Information and Belief
Evidence
Statement of truth
Signed by an individual

Question 9

Affidavit

Answer 9

Jurat
Used for interim hearing for search order, freezing injunction

Question 10

Witness statement procedure

Answer 10

Exchange (no need to file at court) by date in directions

Question 11

Sanction for failing to meet deadline to exchange witness statement

Answer 11

W cannot give evidence

Question 12

Extension of time to exchange witness statement

Answer 12

Agreement up to 28 days + file consent order at court