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Phipson on Evidence 19th Edition, Mainwork & 2nd Supplement

540,00

Author: Hodge M Malek
ISBN: 9780414065529
Publisher: Sweet&Maxwell
Date Published: 2020
Format: Hardback

Κωδικός προϊόντος: 9780414065529 Κατηγορίες: , ,

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.

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 Second supplement to the Nineteenth ediiton brings the mainwork up-to-date by considering a number of important legal developments, including:
the Government’s recent statement that, in light of Covid, legislation will be passed to legalise the witnessing of wills by remote means e.g. via platforms such as Zoom or FaceTime;
the Court of Appeal decision in Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600 where the Court upheld the first instance decision that legal advice privilege attaching to communications between a company and its’ solicitors, subsisted despite the company’s subsequent dissolution;

the appellate decision in Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 in which the Court of Appeal considered the circumstances in which LPP could be overridden by statute;

Shagang Shipping Company Ltd v HNA Group Company Ltd [2020] UKSC 34 where the Supreme Court provided guidance as to the approach to be adopted towards evidence allegedly obtained by torture; and

Yam v UK [2020] ECHR 41, where the European Court of Human Rights rejected the applicant’s submission that in holding part of a murder trial in camera, the UK had breached Article 6 of the Convention.

And many more…

  • Key features:
  • 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

Chapters

Chapter 1 – Introduction Expand

Chapter 2 – The Defining of the Issues

Chapter 2 – The Defining of the Issues Expand

Chapter 3 – Judicial Notice

Chapter 3 – Judicial Notice Expand

Chapter 4 – Admissions

Chapter 4 – Admissions Expand

Chapter 5 – Estoppels

Chapter 5 – Estoppels Expand

Chapter 6 – Burden and Standard of Proof

Chapter 6 – Burden and Standard of Proof Expand

Chapter 7 – Relevance, Admissibility and Weight: Previous and Subsequent Existence of Facts: the Best Evidence Rule

Chapter 7 – Relevance, Admissibility and Weight: Previous and Subsequent Existence of Facts: the Best Evidence Rule Expand

Chapter 8 – Attendance of Witnesses

Chapter 8 – Attendance of Witnesses Expand

Chapter 9 – Competence and Compellability, Oath and Affirmation

Chapter 9 – Competence and Compellability, Oath and Affirmation Expand

Chapter 10 – Evidence Taken or Served Before Trial: Duty to Disclose Evidence

Chapter 10 – Evidence Taken or Served Before Trial: Duty to Disclose Evidence Expand

Chapter 11 – Rules of Evidence Relating to the Course of a Trial: General

Chapter 11 – Rules of Evidence Relating to the Course of a Trial: General Expand

Chapter 12 – Rules of Evidence Relating to the Course of a Trial: Examination of Witnesses

Chapter 12 – Rules of Evidence Relating to the Course of a Trial: Examination of Witnesses Expand

Chapter 13 – Evidence Taken After Trial

Chapter 13 – Evidence Taken After Trial Expand

Chapter 14 – Corroboration, Supporting Evidence and Related Warnings

Chapter 14 – Corroboration, Supporting Evidence and Related Warnings Expand

Chapter 15 – Identification

Chapter 15 – Identification Expand

Chapter 16 – Physical Conditions, States of Mind and Emotions

Chapter 16 – Physical Conditions, States of Mind and Emotions Expand

Chapter 17 – Character: General and Introductory

Chapter 17 – Character: General and Introductory Expand

Chapter 18 – Good Character

Chapter 18 – Good Character Expand

Chapter 19 – Bad Character of the Accused (Prosecution Aspects)

Chapter 19 – Bad Character of the Accused (Prosecution Aspects) Expand

Chapter 20 – Bad Character of the Accused (Defence Aspects)

Chapter 20 – Bad Character of the Accused (Defence Aspects) Expand

Chapter 21 – Bad Character of the Co-Accused

Chapter 21 – Bad Character of the Co-Accused Expand

Chapter 22 – Bad Character of Persons Other Than the Accused

Chapter 22 – Bad Character of Persons Other Than the Accused Expand

Chapter 23 – Legal Professional Privilege

Chapter 23 – Legal Professional Privilege Expand

Chapter 24 – Other Forms of Privilege

Chapter 24 – Other Forms of Privilege Expand

Chapter 25 – Facts Excluded by Public Policy

Chapter 25 – Facts Excluded by Public Policy Expand

Chapter 26 – Loss and Waiver of Privilege

Chapter 26 – Loss and Waiver of Privilege Expand

Chapter 27 – The Collateral Undertaking

Chapter 27 – The Collateral Undertaking Expand

Chapter 28 – The Rule Against Hearsay

Chapter 28 – The Rule Against Hearsay Expand

Chapter 29 – Hearsay in Civil Proceedings

Chapter 29 – Hearsay in Civil Proceedings Expand

Chapter 30 – Hearsay in Criminal Proceedings

Chapter 30 – Hearsay in Criminal Proceedings Expand

Chapter 31 – Res Gestae and Certain Other Exceptions to the Hearsay Rule in Criminal Proceedings

Chapter 31 – Res Gestae and Certain Other Exceptions to the Hearsay Rule in Criminal Proceedings Expand

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 32 – Common Law Exceptions to the Rule Against Hearsay: Evidence of Reputation or Family Tradition; Published Works; Public Information; Bankers’ Books; Ancient Documents Expand

Chapter 33 – Opinion and Expert Evidence

Chapter 33 – Opinion and Expert Evidence Expand

Chapter 34 – Statistical and Survey Evidence

Chapter 34 – Statistical and Survey Evidence Expand

Chapter 35 – Restrictions on the Right to Silence

Chapter 35 – Restrictions on the Right to Silence Expand

Chapter 36 – Confessions

Chapter 36 – Confessions Expand

Chapter 37 – Statements in the Presence, and Documents in the Possession, of a Party

Chapter 37 – Statements in the Presence, and Documents in the Possession, of a Party Expand

Chapter 38 – Agency, Partnership, Companies, Common Purpose, Acting in a Capacity

Chapter 38 – Agency, Partnership, Companies, Common Purpose, Acting in a Capacity Expand

Chapter 39 – Judicial Discretion to Admit or Exclude Evidence

Chapter 39 – Judicial Discretion to Admit or Exclude Evidence Expand

Chapter 40 – Authorship and Execution, Attestation, Ancient Documents, Connected and Incorporated Documents, Alterations and Blanks, Registration, Stamps, etc.

Chapter 40 – Authorship and Execution, Attestation, Ancient Documents, Connected and Incorporated Documents, Alterations and Blanks, Registration, Stamps, etc. Expand

Chapter 41 – Documents and Documentary Evidence; How Documentary Evidence is Proved; Categories of Documentary Evidence: Public, Judicial, Private

Chapter 41 – Documents and Documentary Evidence; How Documentary Evidence is Proved; Categories of Documentary Evidence: Public, Judicial, Private Expand

Chapter 42 – Exclusion of Extrinsic Evidence in Substitution of, to Contradict, Vary, or Add to Documents

Chapter 42 – Exclusion of Extrinsic Evidence in Substitution of, to Contradict, Vary, or Add to Documents Expand

Chapter 43 – Judgments

Chapter 43 – Judgments ExpandAppendix 44 – Miscellaneous Statutes, Rules, etc.Appendix 44 – Miscellaneous Statutes, Rules, etc.