Since the 7th Edition of Evidence and the Litigation Process, there have been developments that affected almost every area of the Law of Evidence in all proceedings.

This edition covers

• Important statutory reforms affecting civil and criminal proceedings, as introduced by the Evidence (Amendment) Act 2018 and Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment) Act 2019 and related statutory sources and regulations
• Case law developments concerning expert evidence, burdens of proof, standards of proof, hearsay, character and similar fact evidence, witness examination, modes of presenting evidence, evidence by video link, presentation of exhibits, the court’s discretion to exclude evidence, ancillary hearings to determine the admissibility of statements, voluntariness and reliability, presumptions of law, legal advice privilege, litigation privilege, privilege as between entities and their in-house counsel, marital privilege, without prejudice privilege, State privilege, DNA evidence and the process for agreeing to the use of documents in civil proceedings.

This book provides a balance between analytical discussion of the principles and the practical application of the law and includes numerous illustrations and practice-related situations for this purpose. It offers students an intensely detailed and integrated portrait of the litigation process (including procedure and advocacy) and is therefore a vital source of reference for their studies.

This book recognises that this subject is particularly difficult primarily because of the difficulties inherent in the Evidence Act (a significant part of which remains in the state it was enacted in 1893), and the tension between this statute and the constantly developing common law. No effort is spared in tackling these problems and examining all applicable sources of law. This highly successful publication has already sold thousands of copies in the course of the first seven editions.

Table of Contents

Chapter 1: Principles and Preliminary Issues in the Law of Evidence

Chapter 2: Facts in Issue and Relevant Facts

Chapter 3: Similar Facts

Chapter 4: Hearsay

Chapter 5: Evidence from Parties : Assertions and Related Issues

Chapter 6: General Exceptions to the Hearsay Rule

Chapter 7: Judgments

Chapter 8: Opinion Evidence

Chapter 9: Character

Chapter 10: Judicial Discretion to Exclude Evidence

Chapter 11: Modes of Proof

Chapter 12: Burden and Standards of Proof

Chapter 13: Corroboration

Chapter 14: Legal Professional Privilege

Chapter 15: Privilege and Immunity

Chapter 16: Foundations

Chapter 17: Selection and Organisation of the Evidence

Chapter 18: Opening the Case

Chapter 19: Evidence-in-Chief

Chapter 20: Cross-Examination

Chapter 21: Re-Examination

Chapter 22: Closing Address

Chapter 23: Overview of the Trial Process

Chapter 24: An Outline of Ethics in the Course of Litigation