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Description

Phipson on Evidence, a prominent component of the Common Law Library series, is the foremost resource on both civil and criminal evidence. This comprehensive work thoroughly explores every facet of the principles and processes constituting the law of evidence. It delves into various topics, such as the introduction of evidence, the level of proof required, witness presence, moral and immoral conduct, legal confidentiality, indirect information, expert testimonies, confessions, judicial flexibility, and numerous other issues related to evidence.

Key Features of Phipson on Evidence, 20th ed:

This authoritative work serves as a leading reference on civil and criminal evidence, often cited in court. It is authored by a distinguished team of experts, striking a balance between seasoned practitioners and scholars. The text meticulously incorporates all revisions introduced by the Civil Procedure Rules and the Criminal Procedure Rules. It delves into the intricate principles and procedures constituting the law of evidence, covering topics such as evidence admission, pre-trial evidence, trial evidence rules, witness examination, burden and standard of proof, good and bad character, privilege, and evidence excluded due to public policy. The book explores hearsay in both civil and criminal proceedings, as well as the inclusion and exclusion of extrinsic evidence. It scrutinizes judicial discretion in admitting or excluding evidence, drawing on a wide array of case law, including that from Commonwealth countries.

This new edition encompasses crucial legal developments, including the addition of a chapter on evidence in arbitration and another on evidence assessment. It also provides insightful commentary on recent cases involving Legal Professional Privilege (LPP), such as the Court of Appeal’s ruling in The Civil Aviation Authority v The Queen concerning Jet2.com Ltd [2020] EWCA Civ 35. Additionally, the book discusses significant cases like PCP Capital Partners v Barclays Bank Plc [2020] EWHC 1393 and State of Qatar v Banque Havilland SA & Ors [2021] EWHC 2172 (Comm). The chapter on expert evidence has been extensively revamped to reflect the latest developments in this field.

Contents of Phipson on Evidence, 20th ed:

Chapter 1: Introduction;
Chapter 2: The Defining of the issues;
Chapter 3: Judicial notice;
Chapter 4: Admissions;
Chapter 5: Estoppels;
Chapter 6: Burden and standard of proof;
Chapter 7: Relevance admissibility and weight; previous and subsequent existence of facts; the best evidence rule;
Chapter 8: Attendance of witnesses;
Chapter 9: Competence and compellability, oath and affirmation;
Chapter 10: Evidence taken or served before trial; duty to disclose evidence;
Chapter 11: Rules of evidence relating to the course of a trial: general;
Chapter 12: Rules of evidence relating to the course of a trial: Examination of witnesses;
Chapter 13: Evidence taken after trial;
Chapter 14: Corroboration and supporting evidence and related warnings;
Chapter 15: Identification;
Chapter 16: Physical conditions, states of mind and emotions;
Chapter 17: Character: general and introductory;
Chapter 18: Good character;
Chapter 19: Bad character of the accused (prosecution aspects);
Chapter 20: Bad character of the accused (defence aspects);
Chapter 21: Bad character of the co-accused;
Chapter 22: Bad character of persons other than the accused;
Chapter 23: Privilege: legal professional privilege;
Chapter 24: Other forms of privilege;
Chapter 25: Facts excluded by public policy;
Chapter 26: Loss and waiver of privilege;
Chapter 27: The collateral undertaking;
Chapter 28: The rule against hearsay;
Chapter 29: Hearsay in civil proceedings;
Chapter 30: Hearsay in criminal proceedings;
Chapter 31: Res gestae and certain other exceptions to the hearsay rule in criminal proceedings;
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 33: Opinion and expert evidence;
Chapter 34: Statistical and survey evidence;
Chapter 35: Restrictions on the right to silence:
Chapter 36: Confessions;
Chapter 37: Statements in the presence, and documents in the possession of a party;
Chapter 38: Agency, partnership, companies common purpose, acting in a capacity;
Chapter 39: Judicial discretion to admit or exclude evidence;
Chapter 40: Authorship and execution; attestation; ancient documents; connected and incorporated documents; alterations and blanks; registration stamps, etc.;
Chapter 41: Documents and documentary evidence: How documentary evidence is proved; categories of documentary evidence, public, judicial, private;
Chapter 42: Exclusion of extrinsic evidence in substitution of, to contradict, vary, or add to documents;
Chapter 43: Judgments;
Chapter 44: Evidence in Arbitration;
Chapter 45: Fact Finding and Assessment of Evidence;
Chapter 46: Appendix: miscellaneous statutes, rules etc.