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Evidence: Case Law, Legislation, Links 07-11-17

Evidence: Case Law, Legislation, Links 07-11-17

Postby dls » Tue Nov 07, 2017 11:28 am

All matters pertaining to evidence and its admission in civil matters.
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Desmond -v- Bower; CA 7-Jul-2009 - Application was made for a summons for a witness to attend and produce documents and a tape recording for the trial. The request had been rejected as an attempt to rely on similar fact evidence, and had been brought only late in the hearing.
    Great Atlantic Insurance -v- Home Insurance; CA 1981 - The defendants sought to enter into evidence one part of a document, but the plaintiffs sought to have the remainder protected through legal professional privilege. Held: The entirety of the document was privileged, but by disclosing part, the plaintiffs had waived privilege in relation to the whole document.
    KPMG Peat Marwick McLintock -v- The HLT Group; QBD 18-Mar-1994 - The plaintiffs claimed for professional fees, and the defendants counter-claimed alleging negligence. The plaintiffs obtained summary judgment under Order 14 with an order for costs on the standard basis, to be taxed if not agreed. The plaintiffs had instructed solicitors in the City of London to represent them in the litigation and there was an issue as to the amount charged by those solicitors for the work which they had undertaken. The taxing officer had disregarded a survey published by the London Solicitors’ Litigation Association showing the broad average direct hourly cost for City solicitors.
    Post Office Counters Ltd -v- Mahida; CA 22-Oct-2003 - The defendant appealed a judgment. She was an employee of the claimant, and contractually due to make good certain sorts of losses. When the claim was made, she asked for the original documentation, but it was eventually admitted that it had been destroyed whilst in the claimant’s possession. The trial had proceeded on the basis of secondary evidence.
    RAR -v- GGC; QBD 10-Aug-2012 - The claimant alleged that the defendant, her stepfather, had sexually and otherwise assaulted her when she was a child. He had pleaded guilty to one charge in 1978, and now said that the claim was out of time. The claimant sought the extension of time for the claim on a just and equitable basis under section 33.
    Regina -v- Marylebone Magistrates Court ex parte Andrew Clingham; Admn 20-Feb-2001 - The council received a report by a housing trust about the behaviour of the defendant, then aged 16, who lived on an estate within the Borough, and after investigating applied for an anti-social behaviour order. Some witness statements contained first hand evidence, but the application was primarily based on hearsay evidence contained in records of complaints received by the trust and in police crime reports with from allegations of verbal abuse and serious criminal activities including assault, burglary, criminal damage and drug dealing dating from April 1998 to December 2000. Hearsay evidence was served under the 1999 rules. The defendant said the proceedings were criminal.
    Welsh -v- Stokes and Another; CA 27-Jul-2007 - The claimant sued a riding stables after she was badly injured on being thrown from the horse provided. Her claim in negligence failed, but she succeeded under strict liabiilty under the 1971 Act, after the judge relied upon hearsay evidence.
      Civil Evidence Act 1968 / 64 -|- Case law
      An Act to amend the law of evidence in relation to civil proceedings, and in respect of the privilege against self-incrimination to make corresponding amendments in relation to statutory powers of inspection or investigation.
      Family Law Reform Act 1969 / 46 -|- Case law -|- See Also: Children
      An Act to amend the law relating to the age of majority, to persons who have not attained that age and to the time when a particular age is attained; to amend the law relating to the property rights of illegitimate children and of other persons whose relationship is traced through an illegitimate link; to make provision for the use of blood tests for the purpose of determining the paternity of any person in civil proceedings; to make provision with respect to the evidence required to rebut a presumption of legitimacy and illegitimacy; to make further provision, in connection with the registration of the birth of an illegitimate child, for entering the name of the father; and for connected purposes.
      Civil Evidence Act 1972 / 30 -|- Case law
      An Act to make, for civil proceedings in England and Wales, provision as to the admissibility in evidence of statements of opinion and the reception of expert evidence; and to facilitate proof in such proceedings of any law other than that of England and Wales.
      Evidence (Proceedings in other Jurisdictions) Act 1975 / 34 -|- Case law -|- See Also:, Northern Ireland, Scotland, International
      An Act to make new provision for enabling the High Court, the Court of Session and the High Court of Justice in Northern Ireland to assist in obtaining evidence required for the purposes of proceedings in other jurisdictions; to extend the powers of those courts to issue process effective throughout the United Kingdom for securing the attendance of witnesses; and for purposes connected with those matters.
      Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 / 73 -|- Case law -|- See Also: Scotland, Local Government, Landlord and Tenant, legal Professions
      An Act to amend the law of Scotland in respect of certain leases, other contracts and obligations; certain courts and their powers; evidence and procedure; certain criminal penalties; the care of children; the functions of the Commissioner for Local Administration; solicitors; and certain procedures relating to crofting and the valuation of sheep stocks; and to make, as respects Scotland, certain other miscellaneous reforms of the law.
      Civil Evidence (Scotland) Act 1988 / 32 -|- Case law -|- See Also: Scotland
      An Act to make fresh provision in relation to civil proceedings in Scotland regarding corroboration of evidence and the admissibility of hearsay and other evidence; and for connected purposes.
      Civil Evidence Act 1995 / -|- Case law
      An Act to provide for the admissibility of hearsay evidence, the proof of certain documentary evidence and the admissibility and proof of official actuarial tables in civil proceedings; and for connected purposes.
      Contract (Scotland) Act 1997 / 32 -|- Case law -|- See Also: Contract, Scotland
      An Act to reform the law of Scotland relating to the admissibility of extrinsic evidence to prove an additional term of a contract or unilateral voluntary obligation, to the supersession of a contract by a deed executed in implement of it and to the obtaining of damages for breach of contract of sale; and for connected purposes.
      Civil Evidence (Scotland) Act 1998 / 32 -|- Case law -|- See Also:, Scotland
      An Act to make fresh provision in relation to civil proceedings in Scotland regarding corroboration of evidence and the admissibility of hearsay and other evidence; and for connected purposes.

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