PART 14ADMISSIONS, EVIDENCE AND DEPOSITIONS
Evidence
Power of court to control evidence95
The court may—
a
control the evidence by giving directions as to—
i
the issues on which it requires evidence;
ii
the nature of the evidence which it requires to decide those issues; and
iii
the way in which the evidence is to be placed before the court;
b
use its power under this rule to exclude evidence that would otherwise be admissible;
c
allow or limit cross-examination; and
d
admit such evidence, whether written or oral, as it thinks fit.
Evidence of witnesses – general rule96
1
The general rule is that any fact which needs to be proved by evidence of a witness is to be proved—
a
where there is a final hearing, by their oral evidence; or
b
at any other hearing, or if there is no hearing, by their evidence in writing.
2
Where a witness is called to give oral evidence under paragraph (1)(a), his witness statement shall stand as his evidence in chief unless the court directs otherwise.
3
A witness giving oral evidence at the final hearing may, if the court permits—
a
amplify his witness statement; and
b
give evidence in relation to new matters which have arisen since the witness statement was made.
4
The court may so permit only if it considers that there is good reason not to confine the evidence of the witness to the contents of his witness statement.
5
This rule is subject to—
a
any provision to the contrary in these Rules or elsewhere; or
b
any order or direction of the court.
Written evidence – general rule97
A party may not rely upon written evidence unless—
a
it has been filed in accordance with these Rules or a practice direction;
b
it is expressly permitted by these Rules or a practice direction; or
c
the court gives permission.
Evidence by video link or other means98
The court may allow a witness to give evidence through a video link or by other communication technology.
Service of witness statements for use at final hearing99
1
A witness statement is a written statement which contains the evidence which that person would be allowed to give orally.
2
The court will give directions about the service of any witness statement that a party intends to rely upon at the final hearing.
3
The court may give directions as to the order in which witness statements are to be served.
(Rules 11 and 100 require witness statements to be verified by a statement of truth.)
Form of witness statement100
A witness statement must contain a statement of truth and comply with the requirements set out in the relevant practice direction.
Witness summaries101
1
A party who wishes to file a witness statement for use at final hearing, but is unable to do so, may apply, without notice, to be permitted to file a witness summary instead.
2
A witness summary is a summary of—
a
the evidence, if known, which would otherwise be included in a witness statement; or
b
if the evidence is not known, the matters about which the party filing the witness summary proposes to question the witness.
3
Unless the court directs otherwise, a witness summary must include the name and address of the intended witness.
4
Unless the court directs otherwise, a witness summary must be filed within the period in which a witness statement would have had to be filed.
5
Where a party files a witness summary, so far as practicable, rules 96(3)(a) (amplifying witness statements) and 99 (service of witness statements for use at a final hearing) shall apply to the summary.
Affidavit evidence102
Evidence must be given by affidavit instead of or in addition to a witness statement if this is required by the court, a provision contained in any rule, a practice direction or any other enactment.
Form of affidavit103
An affidavit must comply with the requirements set out in the relevant practice direction.
Affidavit made outside the jurisdiction104
A person may make an affidavit outside the jurisdiction in accordance with—
a
this Part; or
b
the law of the place where he makes the affidavit.
Notarial acts and instruments105
A notarial act or instrument may, without further proof, be received in evidence as duly authenticated in accordance with the requirements of law unless the contrary is proved.
Summoning of witnesses106
1
The court may allow or direct any party to issue a witness summons requiring the person named in it to attend before the court and give oral evidence or produce any document to the court.
2
An application by a party for the issue of a witness summons may be made by filing an application notice which includes—
a
the name and address of the applicant and of his solicitor, if any;
b
the name, address and occupation of the proposed witness;
c
particulars of any document which the proposed witness is to be required to produce; and
d
the grounds on which the application is made.
3
The general rule is that a witness summons is binding if it is served at least 7 days before the date on which the witness is required to attend before the court, and the requirements of paragraph (6) have been complied with.
4
The court may direct that a witness summons shall be binding although it will be served less than 7 days before the date on which the witness is required to attend before the court.
5
Unless the court directs otherwise, a witness summons is to be served by the person making the application.
6
At the time of service the witness must be offered or paid—
a
a sum reasonably sufficient to cover his expenses in travelling to and from the court; and
b
such sum by way of compensation for loss of time as may be specified in the relevant practice direction.
7
The court may order that the witness is to be paid such general costs as it considers appropriate.
Power of court to direct a party to provide information107
1
Where a party has access to information which is not reasonably available to the other party, the court may direct that party to prepare and file a document recording the information.
2
The court will give directions about serving a copy of that document on the other parties.