A more recent version of these Proving Documentary And Real Evidence 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:
PROVING DOCUMENTARY AND REAL EVIDENCE DOCUMENTARY EVIDENCE
? definition - anything that's recorded
? proof of contentsCivil Evidence Act 1995general 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 proofdocument taken to be a record if
(a) certificate signed by officer of business / authority produced to court (s9(2)); and
(b) 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 weightif falls between (1) and (2), court decides in circumstances of case what weight to attach
exceptions (where secondary evidence admissible)
(a) hearsay statements admissible by statute (b) failure to produce after notice to produce served (CPR makes no formal provision for this notice)
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.