Evidence in Family Proceedings
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Why you should buy Evidence in Family Proceedings
The present mainstream books on evidence do not include coverage of certain features which are unique to family law - eg special law and procedure on hearsay and other rules of evidence (eg litigation privilege and expert evidence) in children proceedings; and the rules on disclosure in financial relief proceedings. At the same time, family lawyers do not always take account of the extent to which they depend on the common law and the rules of evidence which are defined by such mainstream texts.
Accordingly, this specialist title Evidence in Family Proceedings, defines the general rules of evidence as they apply to family matters, while the range of rules which apply specifically to family proceedings are also covered in detail.
"The title is fundamentally an important ‘hands on’ specialist title, very up to date for practice and advocacy tips, to consolidate “the general rules of evidence as they apply to family matters” ... covers the range of rules which apply specifically to family proceedings in a clear and concise manner to save us time in court ... for this reason alone that the book is a fundamental purchase for those new to family law advocacy" Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE of The Barrister, June 2017
"This is the most comprehensive work in its area that I have come across, taking in, where so many other works have dared not tread, hearsay and litigation privilege in children cases and disclosure in financial remedy cases. It is essential stuff for practitioners involved in either the preparation of these proceedings or in their advocacy and experts, guardians and lay advisers have much to gain from it ... advocates will be unable to find any material to assist the judge on swearing in a witness with a speech impediment or who refuses to take the oath or affirm or deciding whether a witness should or should not hear the evidence which is to precede their own testimony, but that's what judicial training courses are for. Every other angle of evidence receives the most careful attention in digestible text and a kindly introduction to each chapter sets out to tease the topics to be covered if the reader stays with it" Stephen Gold, New Law Journal, February 2017
Family law involved a vast array of scenarios, problems and issues. The practitioner is, every day, faced with the question of how exactly do I navigate my craft to the desired destination, without coming to grief on the shoals of admissibility, or sinking without a trace into the depth of procedure? Davis book offer charts and passage plans … if it is a technical evidential issues, the chances are you will find the answer here … whilst it is not a book you would take on your holidays, when you need it, there is absolutely nothing else that will do” Rodney Noon, Solicitor-Advocate, Seen & Heard Vol 28, Issue 1
Table of contents
• Forms and range of evidence
• Private and open court: evidence in family proceedings
• Evidence and the court hearing
• Issues for trial
• Relevance and admissibility
• Burden and standard of proof
• Facts not requiring proof
• Opinion evidence
• Information and inquiry
• Privilege from disclosure
• Legal professional privilege
• Self-incrimination privilege
• Without prejudice privilege
• Public interest immunity
• Closed material procedures
• Children: their voice and their evidence
• Vulnerable and incapacitated witnesses and parties in family proceedings
• Special measures for dealing with evidence
• Evidence on appeal