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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll