Previous Page

Hearsay Evidence – Admissibility and Weight

125.

The general admissibility of hearsay evidence in civil proceedings is provided for by s.1 of the Civil Evidence Act 1995. That Act also lays the ground for hearsay notices (see s.2) and cross-examination on hearsay statements (see s.3). The weight to be given to hearsay evidence is addressed by s.4, which gives a non-exhaustive list of considerations:

“(a)

whether it would have been reasonable and practicable for the party by whom the evidence was adduced to have produced the maker of the original statement as a witness;

(b)

whether the original statement was made contemporaneously with the occurrence or existence of the matters stated;

(c)

whether the evidence involves multiple hearsay;

(d)

whether any person involved had any motive to conceal or misrepresent matters;

(e)

whether the original statement was an edited account, or was made in collaboration with another or for a particular purpose;

(f)

whether the circumstances in which the evidence is adduced as hearsay are such as to suggest an attempt to prevent proper evaluation of its weight.”

Next page