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This book is now Out of Print.
A new edition was published, see:
Phipson on Evidence 18th ed with 2nd Supplement isbn 9780414052741

Phipson on Evidence 18th ed

Edited by: Hodge M. Malek, Jonathan Auburn, Roderick Bagshaw, et al

ISBN13: 9780414028500
New Edition ISBN: 9780414052741
Previous Edition ISBN: 9780414027046
Published: December 2013
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

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Phipson on Evidence> is the leading work on civil and criminal evidence. It examines in depth all aspects of the complex principles and procedures which make up the law on evidence and can be relied upon to resolve even the most difficult issues.

This new edition covers the continuing impact of the changes brought about by the Civil Procedure Rules, the Criminal Procedure Rules and all related legislation, and examines a wide range of important new case law, both civil and criminal.

  • The one-stop source of definitive guidance on both civil and criminal evidence
  • Deals with the entire breadth of the subject, from admissions, estoppels and the burden and standard of proof to confession evidence, expert evidence and documentary evidence
  • Examines evidence taken or served prior to a trial, the rules of evidence during the course of a trial and the examination of witnesses
  • Explores good and bad character, and hearsay
  • Analyses privilege and facts excluded by public policy
  • Covers judicial discretion to admit or exclude evidence
  • Includes a chapter on statistical and survey evidence
  • Shows how the law works in practice through detailed discussion of case law
  • Considers a wide range of Commonwealth decisions

Defining the issues Judicial notice
Burden and standard of proof
Relevance admissibility and weight, previous and subsequent existence of facts, the best evidence rule
Attendance of witnesses: witness summonses and letters of request
Competence and compellability, oath and affirmation
Evidence taken or served before trial, duty to disclose
Rules of evidence relating to the course of a trial: general
Rules of evidence relating to the course of a trial: Examination of witnesses
Evidence taken after trial
Corroboration and supporting evidence Identification
Physical conditions, states of mind and emotions
Character: general and introductory
Good character
Bad character of the accused (prosecution aspects)
Bad character of the accused (defence aspects)
Bad character of the co-accused
Bad character of persons other than the accused
Privilege: legal professional privilege
Privilege: other forms of privilege
Facts excluded by public policy
Loss and abuse of privilege
The implied undertaking
The rule against hearsay
Hearsay in civil proceedings
Hearsay in criminal proceedings
Res gestae and certain other exceptions to the hearsay rule in criminal proceedings
Common law exceptions to the rule against hearsay: evidence of reputation or family tradition, published works, public information, bankers’ books, ancient documents
Opinion and expert evidence
Restrictions on the right to silence: introduction
Confessions Statements in the presence, and documents in the possession, of a party
Agency, partnership, companies common purpose, acting in a capacity
Judicial discretion to admit or exclude evidence
Probates, verdicts, awards, inquisitions, pleadings, writs and depositions in former trials
Authorship and execution, attestation, ancient documents, connected and incorporated documents, alterations and blanks, registration stamps, etc. Contents of documents generally: primary and secondary evidence, contents of particular documents, public, judicial and private
Exclusion of extrinsic evidence in substitution of, to contradict, vary, or add to documents
Admission of extrinsic evidence in aid of interpretation and to rebut presumptions