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The question of admissibility of evidence in civil proceedings is whether the evidence is relevant to a fact in issue in the case. Admissibility is always decided by the judge and all relevant evidence is potentially admissible, subject to common law and statutory rules on exclusion. What is relevant (namely what goes to prove or disprove a matter in issue) will be decided by logic and human experience, and facts may be proved directly or circumstantially.
In civil proceedings, evidence must not be excluded on the ground that it is hearsay. For these purposes, 'hearsay' means a statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated and references to hearsay include hearsay of whatever degree (CPR 33.1).
The admissibility of a recorded call is subject to the normal laws of evidence. However, in civil proceedings, the court has a general discretionary power to exclude evidence under CPR 32.1(2). This power must be exercised with reference to the overriding objective. The court will perform a balancing exercise between the conflicting interests of admitting illicit evidence to ensure the administration of justice as opposed to refusing it, so as not to encourage litigants to adopt underhand tactics.
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On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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