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Phipson on Evidence
Phipson on Evidence
19th Edition, 1st Supplement
Series:  Common Law Library
Practice Area:  Litigation
ISBN:  9780414074361
Published by:  Sweet & Maxwell
General Editor:Hodge M Malek
Publication Date:  31 Dec 2019
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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PRODUCT DESCRIPTION

Phipson on Evidence is the leading work on civil and criminal evidence. It examines in detail all aspects of the principles and procedures making up the law of evidence. Coverage includes the admission of evidence, the standard of proof, the attendance of witnesses, good and bad character, legal professional privilege, hearsay, expert evidence, confessions, judicial discretion and many other evidential issues.

The first supplement to the nineteeth edition brings the mainwork up-to-date.

Case updates in the first supplement include:

  • Takhar v. Gracefield Developments Ltd [2019] where the Supreme Court concluded that there is no requirement to demonstrate that evidence of fraud could not have been discovered with reasonable diligence before.
  • ACL Netherlands BV and others v Lynch and another [2019] in which the court considered the collateral use of court documents. The Court refused the claimants' application for permission to provide the FBI with copies of disclosure documents and witness statements served in civil proceedings, which arose from the defendants' alleged fraudulent manipulation of the first claimant's accounts.
  • MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2018] which dealt with the impact of a ‘no oral modification’ clause on the scope of estoppel.
  • KV (Sri Lanka) (On the Application of) v. Secretary of State for the Home Department [2018] where the Court of Appeal considered the need for expert evidence in interpreting a decision or law of an English speaking common law country.

And many more...

Features List:

  • Leading work and authority on civil and criminal evidence, frequently quoted in court
  • Written by a prominent team of expert authors, with excellent balance between leading practitioners and academics
  • Fully updates all changes brought in by the Civil Procedure Rules and the Criminal Procedure Rules
  • Examines in detail all aspects of the complex principles and procedures which make up the law of evidence including admission of evidence, evidence taken or served prior to a trial, the rules of evidence during the course of a trial and the examination of witnesses
  • Considers the burden and standard of proof
  • Discusses all aspects of good and bad character
  • Includes analysis of privilege and facts excluded by public policy
  • Examines hearsay in civil and criminal proceedings
  • Looks at the exclusion and inclusion of extrinsic evidence
  • Examines the judicial discretion to admit or exclude evidence
  • Considers a broad range of case law, including that of the Commonwealth
CONTENTS
  • Chapter 1: Introduction;
  • Chapter 2: The Defining of the issues;
  • Chapter 3: Judicial notice;
  • Chapter 4: Admissions;
  • Chapter 5: Estoppels;
  • Chapter 6: Burden and standard of proof;
  • Chapter 7: Relevance, admissibility and weight: previous and subsequent existence of facts: the best evidence rule;
  • Chapter 8: Attendance of witnesses; 
  • Chapter 9: Competence and compellability, oath and affirmation;
  • Chapter 10: Evidence taken or served before trial; duty to disclose;
  • Chapter 11: Rules of evidence relating to the course of a trial: general;
  • Chapter 12: Rules of evidence relating to the course of a trial: Examination of witnesses;
  • Chapter 13: Evidence taken after trial;
  • Chapter 14: Corroboration and supporting evidence and related warnings; Chapter 15: Identification;
  • Chapter 16: Physical conditions, states of mind and emotions;
  • Chapter 17: Character: general and introductory;
  • Chapter 18: Good character;
  • Chapter 19: Bad character of the accused (prosecution aspects);
  • Chapter 20: Bad character of the accused (defence aspects);
  • Chapter 21: Bad character of the co-accused;
  • Chapter 22: Bad character of persons other than the accused;
  • Chapter 23: Legal professional privilege;
  • Chapter 24: Other forms of privilege;
  • Chapter 25: Facts excluded by public policy;
  • Chapter 26: Loss and waiver of privilege;
  • Chapter 27: The collateral undertaking;
  • Chapter 28: The rule against hearsay;
  • Chapter 29: Hearsay in civil proceedings;
  • Chapter 30: Hearsay in criminal proceedings;
  • Chapter 31: Res gestae and certain other exceptions to the hearsay rule in criminal proceedings;
  • Chapter 32: Common law exceptions to the rule against hearsay: evidence of reputation or family tradition; published works; public information; bankers’ books; ancient documents;
  • Chapter 33: Opinion and expert evidence;
  • Chapter 34: Statistical and survey evidence;
  • Chapter 35: Restrictions on the right to silence;
  • Chapter 36: Confessions; 
  • Chapter 37: Statements in the presence, and documents in the possession, of a party;
  • Chapter 38: Agency, partnership, companies common purpose, acting in a capacity;
  • Chapter 39: Judicial discretion to admit or exclude evidence;
  • Chapter 40: Authorship and execution; attestation; ancient documents; connected and incorporated documents; alterations and blanks; registration stamps, etc.;
  • Chapter 41: Documents and documentary evidence; how documentary evidence is proved; categories of documentary evidence; public, judicial, private;
  • Chapter 42: Exclusion of extrinsic evidence in substitution of, to contradict, vary, or add to documents;
  • Chapter 43: Judgments;
  • Chapter 44: Appendix: Miscellaneous Statutes, Rules etc.
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