Since the publication of the 7th Edition of *Evidence and the Litigation Process*, there have been developments impacting nearly every aspect of the Law of Evidence across all types of proceedings.
This Edition Addresses:
– Key statutory reforms impacting civil and criminal proceedings, introduced through the Evidence (Amendment) Act 2018, Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment) Act 2019, as well as related statutes and regulations.
– Developments in case law covering a range of topics such as expert evidence, burdens and standards of proof, hearsay, character and similar fact evidence, witness examination, methods of presenting evidence, video link testimony, exhibit presentation, the court’s discretion to exclude evidence, ancillary hearings on admissibility, issues of voluntariness and reliability, legal presumptions, privileges (including legal advice, litigation, in-house counsel, marital, without prejudice, and state privilege), DNA evidence, and agreements on document use in civil cases.
This book balances a thorough analysis of legal principles with practical application, offering illustrations and practice scenarios. It provides students with a comprehensive view of the litigation process, covering both procedural and advocacy aspects, making it an essential resource. The book also addresses the challenges of studying evidence law, especially due to the limitations of the Evidence Act, which largely remains as it was in 1893, and its conflicts with evolving common law. Every effort is made to address these issues, incorporating all relevant legal sources. This well-regarded publication has already achieved strong sales across its first seven editions.
| Chapters | Contents |
|---|---|
| Introduction | Introduction |
| 1 | Principles and Preliminary Issues in the Law of Evidence |
| 2 | Facts in Issue and Relevant Facts |
| 3 | Similar Facts |
| 4 | Hearsay |
| 5 | Evidence from Parties: Assertions and Related Issues |
| 6 | General Exceptions to the Hearsay Rule |
| 7 | Judgments |
| 8 | Opinion Evidence |
| 9 | Character |
| 10 | Judicial Discretion to Exclude Evidence |
| 11 | Modes of Proof |
| 12 | Burden and Standards of Proof |
| 13 | Corroboration |
| 14 | Legal Professional Privilege |
| 15 | Privilege and Immunity |
| 16 | Foundations |
| 17 | Selection and Organisation of the Evidence |
| 18 | Opening the Case |
| 19 | Evidence-in-Chief |
| 20 | Cross-Examination |
| 21 | Re-Examination |
| 22 | Closing Address |
| 23 | Overview of the Trial Process |
| 24 | An Outline of Ethics in the Course of Litigation |








