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 edition brings the mainwork up-to-date by considering a number of important legal developments, including
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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;
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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;
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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;
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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
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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:
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Leading work and authority on civil and criminal evidence, frequently quoted in court
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Written by a prominent team of expert authors, with excellent balance between leading practitioners and academics
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Fully updates all changes brought in by the Civil Procedure Rules and the Criminal Procedure Rules
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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
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Considers the burden and standard of proof
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Discusses all aspects of good and bad character
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Includes analysis of privilege and facts excluded by public policy
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Examines hearsay in civil and criminal proceedings
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Looks at the exclusion and inclusion of extrinsic evidence
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Examines the judicial discretion to admit or exclude evidence
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Considers a broad range of case law, including that of the Commonwealth