Part I

Hearsay Evidence

Admissibility of out-of-court statements as evidence of facts stated.
2
1
In any civil proceedings a statement made, whether orally or in a document or otherwise, by any person, whether called as a witness in those proceedings or not, shall, subject to this section and to rules of court, be admissible as evidence of any fact stated therein of which direct oral evidence by him would be admissible.
2
Where in any civil proceedings a party desiring to give a statement in evidence by virtue of this section has called or intends to call as a witness in the proceedings the person by whom the statement was made, the statement—
a
shall not be given in evidence by virtue of this section on behalf of that party without the leave of the court; and
b
without prejudice to paragraph (a) above, shall not be given in evidence by virtue of this section on behalf of that party before the conclusion of the examination-in-chief of the person by whom it was made, except—
i
where before that person is called the court allows evidence of the making of the statement to be given on behalf of that party by some other person; or
ii
in so far as the court allows the person by whom the statement was made to narrate it in the course of his examination-in-chief on the ground that to prevent him from doing so would adversely affect the intelligibility of his evidence.
3
Where in any civil proceedings a statement which was made otherwise than in a document is admissible by virtue of this section, no evidence other than direct oral evidence by the person who made the statement or any person who heard or otherwise perceived it being made shall be admissible for the purpose of proving it:
Provided that if the statement in question was made by a person while giving oral evidence in some other legal proceedings (whether civil or criminal), it may be proved in any manner authorised by the court.
Part I (Ss. 1-10) repealed (31.1.1997) by 1995 c. 38, s. 15(2), Sch. 2 (with ss. 1(3),6(4)(5),14) ; S.I. 1996/3217, art. 2
S. 2(1) extended by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63), s. 21
Power to exclude s. 2(2) conferred by Civil Evidence Act 1972 (c. 30), s. 2(1)