The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
On occasion, evidence may exist that, for example, your client or opponent has behaved in a similar way to that alleged in the instant proceedings. In those circumstances, you may wish to seek to admit such evidence of similar (albeit unconnected) incidents or facts.
The general position tends to be that facts similar to a fact in issue are not generally admissible to prove the occurrence of that fact in issue, etc. However, various exceptions to this general position have been established and, it seems, the courts will generally admit evidence of similar facts if it is logically probative, it is not oppressive or unfair to the other side, the other side has fair notice and is able to deal with it, etc.
In determining an application to admit similar fact evidence, the courts will tend to adopt the two-stage test set down by the (then) House of Lords in O'Brien—see below.
In Mohidin, the court noted the distinction between the material passing the stage one and stage two tests under O'Brien and the trial judge actually admitting any of that evidence—see: Lessons in evidence (Mohidin v Commissioner of Police of the Metropolis).
The House of Lords (as it then was) in O'Brien held 'the test of admissibility of similar fact evidence in a civil case is one of relevance only'.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.