Evidence- FS

Question 1

What is the general rule regarding admissibility of evidence in civil proceedings?

Answer 1

All evidence that is relevant to the facts of a case is admissible, unless special rules or statutory provisions exclude it.

Question 2

Is opinion evidence generally admissible in civil proceedings?

Answer 2

No. The general rule is that opinion evidence from witnesses is not admissible, unless it falls within a statutory exception.

Question 3

What is the first exception to the inadmissibility of opinion evidence in civil proceedings?

Answer 3

The perceived facts exception, which allows a statement of opinion as a way of conveying relevant facts personally perceived by the witness.

Question 4

Under what statutory provision is the perceived facts exception codified?

Answer 4

The exception is explained in Section 2 of the relevant evidence legislation governing civil proceedings.

Question 5

What is the key condition for a non-expert witness to give an opinion under the perceived facts exception?

Answer 5

The opinion must be based on personal perception of relevant facts and used solely to convey what the witness observed.

Question 6

Can a witness give an opinion on matters like employee productivity if they are not an expert in that field?

Answer 6

No. Such statements constitute inadmissible opinion evidence, unless the witness is properly qualified as an expert.

Question 7

What kind of witness statement would qualify under the perceived facts exception?

Answer 7

A statement where the witness personally observed something and is relating their direct perception, rather than drawing inferences or generalisations.

Question 8

Why is it important to distinguish between opinion and fact-based evidence in civil trials?

Answer 8

Because only fact-based evidence that complies with statutory rules is admissible, ensuring that court findings are based on reliable, objective observation.

Question 9

Can a witness statement that interprets behaviour or draws a subjective conclusion be admitted under the perceived facts exception?

Answer 9

No. Statements that involve subjective interpretation rather than objective observation are excluded as inadmissible opinion evidence.

Question 10

When is an opinion statement from a non-expert witness admissible in civil proceedings?

Answer 10

Only when it serves as a means of communicating observed facts, not as an independent conclusion or analysis.

Question 11

What is a key exception to the general rule that opinion evidence is inadmissible in civil proceedings?

Answer 11

Expert opinion evidence is admissible, provided it complies with specific procedural rules.

Question 12

Under what conditions is expert opinion evidence allowed in civil trials?

Answer 12

Expert evidence is allowed when it is reasonably required to resolve the proceedings and is subject to court permission.

Question 13

What rule governs expert evidence in civil proceedings?

Answer 13

Rule 35 of the Civil Procedure Rules outlines the duties, conditions, and limits on expert evidence.

Question 14

What is the primary duty of an expert witness under Rule 35?

Answer 14

The expert has a duty to help the court on matters within their expertise, which overrides any duty owed to the party instructing them.

Question 15

Does a party need the court’s permission to instruct an expert in civil proceedings?

Answer 15

No. A party does not need court permission to instruct an expert, but permission is required to rely on the expert’s report at trial.

Question 16

When must a party indicate its intention to rely on expert evidence in a civil claim?

Answer 16

In the directions questionnaire, the party must state whether they intend to rely on expert evidence and seek a direction from the court.

Question 17

What information should be included when applying for permission to use expert evidence?

Answer 17

The application should identify the field of expertise and, if known, the specific expert to be relied upon.

Question 18

: In what form should expert evidence generally be presented in court?

Answer 18

Expert evidence should be presented in a written report, unless the court orders otherwise.

Question 19

Can an expert give an opinion on a matter that falls outside their expertise?

Answer 19

No. Experts must limit their opinions to matters within their area of expertise, and their role is to assist the court objectively.

Question 20

What is the guiding principle behind restricting expert evidence to what is reasonably required?

Answer 20

To ensure that expert opinion is only used when necessary for resolving the dispute, preventing unnecessary complexity or cost.

Question 21

What is the definition of hearsay under Section 1 of the Civil Evidence Act 1995?

Answer 21

Hearsay is a statement made otherwise than by a person giving oral evidence in the proceedings, which is tendered as evidence of the matter stated, including hearsay of any degree.

Question 22

Is hearsay evidence admissible in civil proceedings?

Answer 22

Yes. Under Section 1 of the Civil Evidence Act 1995, hearsay evidence is not excluded simply because it is hearsay.

Question 23

What procedural step must be taken if a party intends to rely on hearsay evidence?

Answer 23

The party must serve notice under Section 2 of the Civil Evidence Act 1995, stating their intention to adduce hearsay evidence and giving reasons why the witness is not being called.

Question 24

What rule in the Civil Procedure Rules reflects the requirement to notify parties of hearsay evidence?

Answer 24

CPR Rule 33.2, which requires a party relying on hearsay to serve a witness statement and notify other parties that the witness is not being called and why.

Question 25

Does a failure to serve notice under Section 2 automatically render hearsay evidence inadmissible?

Answer 25

No. It does not automatically make it inadmissible, but it may affect the weight the court gives to that evidence.

Question 26

Under what circumstances will the court likely accept hearsay evidence in place of oral testimony?

Answer 26

When there is a good reason the witness cannot attend court, such as illness, and the party explains this in the notice.

Question 27

What is the main concern for the court when hearsay evidence is relied upon in contested matters?

Answer 27

That the opposing party is deprived of the opportunity to cross-examine, which undermines fairness and the civil justice process.

Question 28

What additional materials, aside from written or oral witness statements, are subject to hearsay notice requirements under CPR 33.6?

Answer 28

Plans, photographs, and models—these must also be notified to other parties by the final date for serving witness statements.

Question 29

What is the degree of hearsay, and how does it affect admissibility?

Answer 29

Degree refers to the number of times a statement is relayed (e.g., first-degree, second-degree). Under the Act, all degrees of hearsay are admissible in civil proceedings if proper notice is given.

Question 30

What must be included in the notice of hearsay evidence served under the Civil Evidence Act 1995?

Answer 30

The notice must state that hearsay evidence is being relied upon, explain why the witness will not attend, and provide any reasonably practicable particulars upon request.

Question 31

In civil litigation, who bears the burden of proof for establishing the elements of a claim?

Answer 31

The claimant bears the burden of proof to establish all elements of the cause of action.

Question 32

What standard of proof is applied in civil cases to determine whether the elements of a cause of action are satisfied?

Answer 32

The standard is the balance of probabilities, meaning it is more likely than not that the facts are as alleged.

Question 32

What must a claimant demonstrate to succeed in a civil claim for breach of contract?

Answer 32

The claimant must prove that: (1) a contract existed, (2) there was a breach, (3) the breach caused loss, (4) the loss was reasonably foreseeable, and (5) the quantum of the loss.

Question 33

In a contractual dispute where there is conflicting oral evidence, how is the issue of truth resolved by the court?

Answer 33

The court applies the balance of probabilities to assess which version of events is more likely to be true.

Question 34

If the only evidence regarding a disputed term in a contract is conflicting oral testimony, which party must satisfy the burden of proof?

Answer 34

The claimant must satisfy the burden of proof on the balance of probabilities regarding the existence of the disputed term.

Question 35

Does the defendant ever bear the burden to disprove the claimant’s allegations in a civil case?

Answer 35

Not generally. The burden remains with the claimant unless a legal presumption shifts it, which is not the case in typical breach of contract claims.

Question 36

What is the consequence if the judge finds the evidence from both parties equally credible and is unable to prefer one version over the other?

Answer 36

The claimant will fail to discharge the burden of proof, and the claim will be dismissed.

Question 37

How does the burden of proof in civil cases differ from that in criminal cases?

Answer 37

In civil cases, the standard is balance of probabilities and lies with the claimant, whereas in criminal cases, it is beyond reasonable doubt and lies with the prosecution.