header-logo header-logo

18 October 2018 / Richard Samuel
Issue: 7813 / Categories: Features , Procedure & practice
printer mail-detail

Achieving best evidence in the civil courts

Richard Samuel considers whether a power to hear pre-recorded direct evidence would help judges maintain high standards of justice

  • Where civil judges consider it to be important to hear evidence-in-chief from a witnesses orally, they do so in court.
  • Our criminal courts have developed ‘ABE’ learning which has resulted in pre-recorded evidence standing as evidence-in-chief.
  • A small amendment to CPR 32 could give civil judges the option to view pre-recorded evidence-in-chief as part of their reading-in for trial when appropriate.

In some cases, oral evidence is more important than in others. In those cases, it is often the oral evidence of just one or two witnesses that really counts. In contract cases those witnesses will be the people who attended the meeting at which an agreement is said to have been concluded, but of which there is no written record. In tort cases it will be the child who witnessed the accident. In both a criminal case and a civil case brought in tort, it will be the evidence

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll