The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:
The court has a general power to control evidence by making directions as to the nature of the evidence which it requires, the way in which the evidence is to be placed before the court, and it may also exclude evidence that would otherwise be admissible (see CPR 32.1).
The residue of the ‘best evidence rule’ may provide useful guidance:
‘That evidence should be the best that the nature of the case will allow is, besides being a matter of obvious prudence, a principle with a considerable pedigree. However, any strict application of this principle has long been obsolete, and the rule is now only of importance in regard to the primary evidence of private documents. The logic of requiring the production of an original document where it is available rather than relying on possibly unsatisfactory copies, or the recollections of witnesses, is clear, although modern techniques make objections to the first alternative less strong.’ See Comment
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Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
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