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Hearsay Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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A more recent version of these Hearsay notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

HEARSAY WHAT IS HEARSAY?

? definition o statement (fact / opinion, no matter how made) o made otherwise than by person while giving oral testimony in court o tendered as evidence of the truth of its contents (r33.1)
? distinction between hearsay + real evidence o real evidence (physical objects produced for inspection by court) = admissible o distinction = fine re: printouts + recordings made by machinesat common law regarded as real evidenceBUT may seen as evasion of notice procedure under CEA 1995

WHEN IS HEARSAY ADMISSIBLE? (CEA 1995)

o general ruleall hearsay admissible (even multiple)only question is its weight

o when is hearsay INadmissible?incompetence + hearsayhearsay shall NOT be admitted if and to the extent that:

(a) it comprises a statement of a person who would NOT be a competent witness; OR

(b) it is to be proved by a person who is NOT a competent witnessincompetence = inability to understand oath (N.B. children which an give unsworn evidence but understand duty to tell truth + have sufficient understanding to justify evidence being given NOT incompetent)previous consistent statementsparty which has called / intends to call person as witness may NOT also adduce previous consistent statements made by that witnessexceptions:

(a) court grants permission (usually NOT granted)
? may grant if passage of great deal of time / onset of illness / earlier statement not contemporaneous enough to be used as memory-refresher

(b) to rebut an allegation in XX that witness's evidence fabricated (c) does NOT preclude witness adopting exchanged statement as EIC (s6(2))

o what does CEA NOT affect?hearsay evidence may be excluded on a ground other than hearsay e.g. irrelevant, non-expert opinion (s14(1))

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