Civil Procedure: Rules of Evidence

Practice flashcards covering the core legal principles and rules regarding evidence, witnesses, and experts in UK civil litigation as per SQE1 standards.

Burden of proof

The duty of a party to produce sufficient evidence to establish their allegation or argument.

Standard of proof

The requirement in civil cases to prove a fact on the balance of probabilities, meaning a certainty of greater than $50\%$.

Legal burden of proof

The duty that generally lies with the claimant to prove each fact unless it is admitted by the opponent.

Section 11 of the Civil Evidence Act 1968

A provision making a conviction in a UK court admissible in civil proceedings to prove that a person committed an offence, shifting the legal burden of proof to the defendant on that point.

Contributory negligence

A defense under s 1(1) Law Reform (Contributory Negligence) Act 1945 where the defendant proves the claimant failed to take reasonable care, potentially leading to a reduction in damages (e.g., a $15\%$ reduction for failing to wear a seatbelt).

Witness statement

A written statement signed by a person which contains the evidence which that person would be allowed to give orally at trial.

Evidence-in-chief

The evidence given by a witness when called to give oral evidence; in civil proceedings, the witness statement usually stands as this evidence.

Cross-examination

The questioning of a witness by the opposing side's advocate following the witness's confirmation of their statement.

Witness summary

A document served under r 32.9 containing the witness's name and address and the evidence they would provide, used when a full witness statement cannot be obtained.

Affidavit

A sworn statement of evidence where the maker must swear or affirm the truth of the contents before an authorised person, such as a solicitor.

Relevance

The principle that evidence is admissible only if it addresses facts in dispute which have to be proved by the party calling the witness.

Opinion evidence

Evidence expressing a conclusion or view; generally inadmissible from witnesses of fact unless made as a way of conveying relevant facts personally perceived.

Hearsay

A statement made outside court which is repeated in court to prove the truth of the matter stated, as defined by s 1(2)(a) of the Civil Evidence Act 1995.

First-hand hearsay

Evidence where a witness repeats something they were told by another person in order to prove the truth of that person's statement.

Multiple hearsay

Evidence involving information relayed through more than one person (a chain) before being repeated in court.

Hearsay notice

A notice required under r 33.2(3) when a party doesn't propose to call a witness but intends to rely on their statement at trial.

Section 4 of the Civil Evidence Act 1995

Provides statutory safeguards and guidelines for the court to assess the weight attached to hearsay evidence.

Expert witness

A witness who has acquired scientific, technical, or other specialised knowledge through study or experience to assist the court.

Rule 35.3 CPR

The rule stating an expert's duty is to help the court on matters within their expertise, which overrides any obligation to the person instructing or paying them.

Single joint expert (SJE)

An expert jointly instructed by both parties, often ordered in small claims and fast track cases.

Without prejudice discussion

A discretionary court-ordered meeting between experts to identify and narrow issues of agreement and disagreement; the contents are not referred to at trial unless agreed.