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.