BPTC Law Notes BPTC Civil Ligitation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
The following is a more accessible 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:
PROVING DOCUMENTARY AND REAL EVIDENCE
DOCUMENTARY EVIDENCE
definition - anything that's recorded
proof of contents
Civil Evidence Act 1995
general rule: documents can be proved by the original / an authenticated copy (s8)
business document certificates (s9)
business (whether or not for profit) + public authority records may be received in evidence without further proof
document taken to be a record if
certificate signed by officer of business / authority produced to court (s9(2)); and
hearsay notice served (see SGS 12)
common law
general rule = need primary evidence BUT = discretionary approach to admissibility of secondary evidence (Springsteen v Flute)
(1) if party can easily adduce original, court likely to refuse to admit (secondary evidence = worthless)
(2) if party genuinely cannot produce original, court will admit + attach appropriate weight
if falls between (1) and (2), court decides in circumstances of case what weight to attach
exceptions (where secondary evidence admissible)
hearsay statements admissible by statute
failure to produce after notice to produce served (CPR makes no formal provision for this notice)
stranger's lawful refusal to produce after being summoned as witness e.g. privilege, diplomatic immunity
documents proven to be lost / destroyed
physical impossibility e.g. inscribed on tombstone
public documents e.g. Queen's Printer's copy of Act of Parlt, hansard, SIs
bankers' books
records of financial transactions, proved by oral evidence / affidavit of bank official
any party can apply to inspect + take copies, but need very strong grounds contains evidence against other party
if admissible what form can secondary evidence take?
private documents - secondary evidence can be: a true copy + proof = true copy / copy of a copy / oral evidence (no hierarchy within this)
proof of due execution
private documents (NOT public documents, which are exempt) only admissible on proof of due execution i.e. authenticity:
proof (usually unnecessary)
proof of handwriting / signature by direct oral evidence / person familiar with person's handwriting / comparison to document proven to be by person; +
(sometimes) proof of attestation i.e. due execution e.g. wills
admitted / presumed (usual)
parties deemed to admit authenticity - see r32.19 below
proof of due execution NOT required if opponent refuses to comply with notice to produce document
documents presumed to be made...
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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