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A practical alphabet

23 June 2017 / Clare Arthurs , Richard Marshall
Issue: 7751 / Categories: Features , Procedure & practice
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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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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
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