1. Evidence In Civil Proceedings Part 1
BVC Civil Procedure
Evidence In Civil Proceedings Part 1

2. Burden and standard of proof
The party who adduces a fact must prove it
bears both the evidential and the legal burden of proof.
“on the balance of probabilities”. (per Lord Nicholls in Re H (minors) (sexual abuse) [1996] 1 All ER.1, 16).
Stephens v Cannon [2005] EWCA Civ 222

3. Witness Statements
(32.12(1) (a) every fact that needs to be proven by a witness giving evidence should be proven by that witness giving oral evidence.
Affidavits used to be used (sworn) rarely happens nowadays (eg:search order applications).
The judge will set a date for exchange
Usually simultaneously, but the court may order them to be exchanged sequential exchange if necessary (see Mercer v Chief Constable of the Lancashire Constabulary [1991] 1 WLR)
Common practice is to contact the other side to see if they are ready to exchange.
should contact the other side and try to agree a realistic deadline (bearing in mind that certain dates cannot be varied by agreement – see Parts 28 and 29).

4. Witness Statements
If other side is not ready you should file and explain the position
Supplementary WSs are not mentioned in the CPR -best course of action is to apply for permission
If a new witness is discovered after the deadline it is unlikely that the court will allow unless the circumstances are exceptional (Stroh v London Borough of Haringey (1999) Lawtel July 13.
late amendments - best to apply for permission - Mealey Horgan plc v Horgan (Times July )

5. Witness Statements Witness Summaries - 32.9
Adverse Inferences if not called -32.5(5)
No further evdnc in chief can be given without permission of the court (32.5(3) to:
amplify evidence
give evidence on new matters

6. Hearsay evidence s2 CEA 1995 - (33.2(1) (a)
(33.2(2) – if not to be called the other party must be notified
In every other case a hearsay notice is needed (33.2(3)
General power to exclude (2).
Application/notification must be made to cross examine or attack credibility ( , Douglas v Hello! Ltd [2003] EWCA Civ 332
Weight – s4 CEA

7. Witness summonses Witness summonses - 34.3.
Permission is not needed unless - less than 7 days before trial/ to attend on date other than trial date/to attend a different hearing
34.3(4) - Harrison and Harrison v Bloom Cammilin (a firm) Lawtel 14th May 1999
Summons to produce documents (5).

8. Other matters
Live video link – permission needed Polanski v Conde Nast Publications Ltd [2005] UKHL 10
Hearsay issues raised in documents – admitted unless a notice (N268) (32.19)
Interesting case – Jones v University of Warwick [2003] 1 WLR 954