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:
Statements, Hearsay & Opinion
Power of Court on Evidence
r32.1 - Court has power to control evidence by giving directions on:
Issues;
Nature of evidence required;
Way in which evidence is admitted;
Exclude otherwise admissible evidence.
O'Brien v CC of SW Police - The test for admissibility of bad character is:
(I) Relevance (probative of an issue in the case - THE ADDITIONAL RULES IN CRIMINAL PROCEDURE DO NOT APPLY IN CIVIL CASES); ADMISSIBLE
(ii) Are there good grounds why a court should decline to admit it in the exercise of its case management powers?
Judge must exercise this power compatibly with OO.
Limit XX.
r32.1 - The court may strike out evidence which is "Scandalous, irrelevant or oppressive".
Types of Written Evidence
There are six types of written evidence:
Witness Statement | Written Statement signed by person containing their EiC. Stands as EiC at hearings other than trial - r32.2 |
Witness Summaries | Permission must be obtained from court to use in a without notice application (r32.9). Can't be used for interim application. Only proper if can't get W to sign WS. Is a summary of evidence (if W known) or of questions (if W not known). It must include name and address of intended W, unless court orders otherwise. |
Affidavit | Format same as WS - 3.5cm margin, AE, same corner markings, hearings etc. It should start with the "Commencement" (PD32(4.1) after heading and before body. This is "I [full name] of [address - which can be business if professional capacity] state on oath:" It must be sworn by the deponent before a solicitor, barrister, judge, certain court officials, Consuls or someone authorised to take oaths and independent of parties (PD32(9)). Fees are payable for affidavits. So more formal than WS. May be used whenever, but must be used for freezing injunctions, search orders, and contempt of court.
End with "Jurat" |
Affirmations | Same as Affidavit, but affirm rateer than swearing truth!) "I [full name] of [address] do solemnly and sincerely affirm" (in the commencement). The word 'sworn' in the jurat is replaced by the word 'affirmed' |
Statements of Case | Verified by SoT. |
Application Notice | Verified by SoT. |
Statements of Truth
r22.1 - The following documents must be verified by statement of truth:
SoC; (Including Replies to DS) - As this can be used as EiC in lieu of calling W.
Reponses Complying with r18 request for Further Information;
WS;
AoS in claim begun under Pt 8 procedure (different Role in Pt 8 than otherwise);
Certificate stating reasons for bringing possession/LL/T claim in HC;
Certificate of Service; (Solicitor in personal capacity, rather than on behalf of client) and
Any other doc required by rule/PD
Expert's Report - PD22, PD35(2.3)
Schedule of Past & Future Expenses & Losses
Counter Schedule ^^
Amendments to the Above.
COSTS BUDGET (signed by senior legal rep), but not other costs docs other than "Schedule of Costs" for a costs capping Order.
RTA/EL/PL Protocol Claims
Amendments to SoC - unless court orders otherwise.
AN (if relied on as evidence)
If proceedings brought by litigation friend, it is the LF's statement of truth - r22.1(5).
r22.1(6) - It must be signed by:
Party or litigation friend or
Legal representative of party/LF
In the case of WS, the maker of the Statement.
It may be made by two parties jointly, or a person not a party (eg: TP's WS).
A statement of truth not contained in the Doc it verifies must clearly identify the doc (r22.1(7)).
Failure to Verify SoC/WS
r22.2 - The Soc shall remain effective unless struck out BUT it cannot be relied upon as evidence of any of the matters stated in it.
The court may strike out an unverified SoC per r22.2(2). Any party can apply for such an order.
Thus, an unverified statement is not a nullity!!!
But there may be costs consequences per PD22(4). Costs of application!!
r22.3 - Failure to verify WS - the court may direct it shall not be admissible in evidence. The general rule is WS is evidence in chief at hearings other than trial (r32.6) and in specific cases evidence at trial (r32.5).
Thus not ipso facto inadmissible by non-verification.
r22.4 - Court has power to order document to be verified. Any party may apply for such an order.
NB: Proceedings for Contempt of Court for false statements of truth may only be brought by AG or with permission of court per r81.17-18.
Failure to SERVE WS
W cannot be called to give evidence - 32.10.
WS may only be used in the present proceedings - 32.12. Unless
W consents;
Court gives permission;
WS is put in evidence in public;
If WS stands as EiC, it must be open for inspection r32.13. BUT
Party may apply for Order not to inspect if court is satisfied because of:
Interests of Justice;
Public Interest;
Expert Medical E$vidence;
Confidential Info;
Protect interest of child/PP
Court may alternatively redact.
Form of Document:
Margin: 3.5cm
Misc: Pages numbered
On behalf of: Claimant Witness: D. B. Smith Number of Statement: First Exhibits: DBS/1, DBS/2 Dated: 28/1/2015 IN THE COUNTY COURT SITTING AT GLADBURY Claim No: 2015/1/1345 BETWEEN: MR JOHN SMITH and MRS JANE DOE ___________________________________________ WITNESS STATEMENT OF... |
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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