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Evidence - Coggle Diagram

- - - - Oral expert evidence at trial limited to one expert per party in relation to any field, expert evidence only in two fields CPR 26.6
    - - Oral evidence likely limited to: two experts per party (CPR 26.7)
    - - Must provide an estimate of costs for proposed expert evidence, identify the field in which expert evidence is required and if practicable, name of expert CPR 35.4 (should be set out in DQ) should try not to name as can create issues that mean they have to show other side their report
  - - - Expert evidence is to be given in a written report unless the court directs otherwise CPR 35.5: must eb addressed to the court, set out qualifications, details on material relied on, make it clear which facts are within expert's own knowledge CPR 35.10, explain who carried out tests/experiments relied on/if under expert's supervision, summarise ranges of opinions on the matter, contain summary of conclusions, statement they understand their duty (CPR 35) and statement of truth (35 PD 3.3)
      - Earlier drafts of their report are subject to litigation privilege. Privilege will be waived in the final version of the report when it is served
      - failure to exchange report in accordance with directions means the evidence cannot be used unless court permits CPR 35.13
  - - - Court can direct experts to dicsuss issues in dispute CPR 35.12. Court can specify issues to discuss and a joint statement to be produced setting out summary of what they do and do not agree on. Agreements during these discussions do not bind partiesunless they agree to be. Parties and legal representatives usually do not attend
    - - court may grant permission to call expert to give oral evidence (only if in interest of justice to do so in small/fast). can be issue by issue, hot tubbing (concurrently)
- - - - Verified by statement of truth, if they lie they can be faced with proceedings in contempt of court CPR 32.14(1). Must make client aware of this
    - - Witness statements usually stands as the witness' evidence in chief at trial CPR 32.5(2). Witness confirms the truth of their statement and gives the opposition a chance to cross examine
      - Directions can also relate to: limiting issues they can address, identifying the witnesses whose evidence can be used, number, length, format of statements, specifying order witness statements should be served
      - If a party has served a witness statement and wishes to rely on it, they must call the witness to give oral evidence at trial, or put it as hearsay evidence and follow those rules (CPR 33)
  - - - Extension of time agreed before witness statements due to be served, which does have an effect on subsequent key date, an application should be made to court (CPR 3). Or if an extension cannot be agreed before witness statement due to be served, an application should be made
      - No extension agreed and witness statements served late, an application needs to be made to the court for relief from sanctions (that witness will not be able to give evidence) (CPR 3.9)
  - - - anyone can apply for permission to cross examine CPR 32.7 but this is very unusual
- - - - To rely on hearsay evidence, notice must be given to the other party (CPR 33.2) - if evidence is in a witness statement, giving oral evidence, no formal notice is required as notice of hearsay is deemed served when witness statements are served, - if hearsay evidence is a witness statement of someone not giving goral evidence then no formal notice is required but the other party must be informed the witness will not be giving evidence at trial, with reasons, - in all other cases, formal notice must be given to the other party, identifying the hearsay, stating they wish to rely on it and the reason why the witness will not be called
      - If notice not given when it should have been (usually no later than latest date for serving witness statements), evidence still admissible but they may be penalised, and little weight given to the statement
      - Response to notice
        
        Request particulars of hearsay (S2 CEA 1995)
        
        Must be reasonable and practicable for the purpose of enabling to deal with the matters being hearsay
        
        Call for cross examination (S3 CEA 1995)
        
        If they do not call them as a witness, any other party to proceedings may, with permission of court, call them as a witness and cross examine them on the statement as if it was the evidence in chief (CPR 33.4). Application must be made no later than 14 days after the hearsay notice was served on applicant (CPR 33.4)
        
        Challenge weight of hearsay (S4 CEA 1995)
        
        The fcators the court will consider are: - if it would have been reasonable and practicable for the party who adduced the evidence to have produced the maker of the original statement as a witness, - whether original statement was made contemporaneously to the matters states, - whether the evidence involves multiple hearsay or similar
        
        Attack credibility of an absent witness (S5 CEA 1995)
        
        Where the other side does not propose to call the original person who made the statement to give evidence, the party who has received notice can attack the credibility of the absent witness at trial (even when not present). Receiving party should notify the adducing party of their intention no later than 14 days after hearsay notice served CPR 33.5
      - Notice for other types of hearsay:
        
        Not contained in witness statement or expert's report, not to be given orally, or not subject to the notice of intention to rely on hearsay provisions (CPR 33.6) eg. photos: unless notice given, not receivable at trial
- - - - Intro: witness name, home address OR position, employer name, and address (business capacity)
      - para 1: relation to the party, occupation, process through which statement was prepared
    - - Documents can be referred to in the statement. These should be verified, and identified by the witness and remain separate from the witness statement. Where a witness refers to an exhibit they should state 'I refer to the (describe) marked (reference)
    - - Always ends with statement of truth, signed by the witness (32 PD 20.1-20.3)
    - - Near the beginning, after information and belief paragraph, confirming the reason for the statement
      - Extra paragraph at the end, but before the statement of truth, confirming what the witness would like the court to do in relation to the interim hearing
    - - statement must identify what documents referred to for the purpose of providing evidence, must be a signed witness confirmation the witness understands purpose is not to argue the case nor to take the court through the documents, confirmation from a legal representative that the rules have been explained to them, and they believe the statement complies