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.
