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23 June 2017 / Clare Arthurs , Richard Marshall
Issue: 7751 / Categories: Features , Procedure & practice
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A practical alphabet

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Clare Arthurs & Richard Marshall share an (almost) A-Z guide to civil evidence

Admissibility

Is the evidence admissible to the court? Your check list should contain privilege, admissions, illegally obtained evidence, self-incrimination…

Balance of probabilities

The civil standard of proof. More probable than not?

Cross-examination

Prepare your witnesses for the fact that the other side’s counsel is pursuing their own agenda. They are not seeking to explore every fact, but are usually seeking to elicit a certain response.

Discretion

The court has discretion to control the nature of evidence it receives, the issues on which and the way in which it receives evidence. It can also exclude admissible evidence and limit cross examination.

Evidential burden of proof

The obligation on a party to adduce sufficient evidence to enable the court to make a favourable finding on an issue.

Fact finding

What can you prove? The most important part of the process: keep asking questions until you are confident you have all the facts at your fingertips and know how to support

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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