Phipson on Evidence 18th ed with 2nd Supplement

Sweet & Maxwell

€599.00 
SKU: 9780414052741

Edited by: Hodge M. Malek, Jonathan Auburn, Roderick Bagshaw, et al

ISBN13: 9780414052741
Previous Edition ISBN: 9780414028500
Published: December 2016
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback & Supplement

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
  • Estoppels
  • Burden 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 request
  • Competence 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 witnesses
  • Evidence taken after trial
  • Corroboration and supporting evidence Identification
  • Physical conditions, states of mind and emotions
  • Character: general and introductory
  • Good 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 capacity
  • Judicial 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