Phipson on Evidence (18ed + Supplement)

Phipson on Evidence 18ed + Supplement
Phipson on Evidence (18ed + Supplement)
Malek, HM
Sweet & Maxwell

Phipson on Evidence> is the leading work on civil and criminal evidence. It examines in depth all aspects of the complex principles and procedures which make up the law on evidence and can be relied upon to resolve even the most difficult issues.

This new edition covers the continuing impact of the changes brought about by the Civil Procedure Rules, the Criminal Procedure Rules and all related legislation, and examines a wide range of important new case law, both civil and criminal.

  • The 1st Supplement was published in December 2015
  • The Main Work was published in 2013
  • The one-stop source of definitive guidance on both civil and criminal evidence
  • Deals with the entire breadth of the subject, from admissions, estoppels and the burden and standard of proof to confession evidence, expert evidence and documentary evidence
  • Examines evidence taken or served prior to a trial, the rules of evidence during the course of a trial and the examination of witnesses
  • Explores good and bad character, and hearsay
  • Analyses privilege and facts excluded by public policy
  • Covers judicial discretion to admit or exclude evidence
  • Includes a chapter on statistical and survey evidence
  • Shows how the law works in practice through detailed discussion of case law
  • Considers a wide range of Commonwealth decisions

Contents: Introduction Defining the issues Judicial notice Admissions EstoppelsBurden and standard of proof Relevance admissibility and weight, previous and subsequent existence of facts, the best evidence rule Attendance of witnesses: witness summonses and letters of requestCompetence and compellability, oath and affirmation Evidence taken or served before trial, duty to disclose Rules of evidence relating to the course of a trial: general Rules of evidence relating to the course of a trial: Examination of witnessesEvidence taken after trial Corroboration and supporting evidence Identification Physical conditions, states of mind and emotions Character: general and introductoryGood character Bad character of the accused (prosecution aspects) Bad character of the accused (defence aspects) Bad character of the co-accused Bad character of persons other than the accused Privilege: legal professional privilege Privilege: other forms of privilege Facts excluded by public policy Loss and abuse of privilege The implied undertaking The rule against hearsay Hearsay in civil proceedings Hearsay in criminal proceedings Res gestae and certain other exceptions to the hearsay rule in criminal proceedings Common law exceptions to the rule against hearsay: evidence of reputation or family tradition, published works, public information, bankers’ books, ancient documents Opinion and expert evidence Restrictions on the right to silence: introduction Confessions Statements in the presence, and documents in the possession, of a party Agency, partnership, companies common purpose, acting in a capacityJudicial discretion to admit or exclude evidence Probates, verdicts, awards, inquisitions, pleadings, writs and depositions in former trials Authorship and execution, attestation, ancient documents, connected and incorporated documents, alterations and blanks, registration stamps, etc. Contents of documents generally: primary and secondary evidence, contents of particular documents, public, judicial and private Exclusion of extrinsic evidence in substitution of, to contradict, vary, or add to documents Admission of extrinsic evidence in aid of interpretation and to rebut presumptions Judgments Appendix

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