PART 14ADMISSIONS, EVIDENCE AND DEPOSITIONS

Evidence

Evidence of witnesses – general rule14

1

The general rule is that any fact which needs to be proved by evidence of a witness is to be proved—

a

where there is a final hearing, by the witness's oral evidence; or

b

at any other hearing, or if there is no hearing, by the witness's evidence in writing.

2

Where a witness is called to give oral evidence under paragraph (1)(a), the witness statement of that witness shall stand as his or her evidence in chief unless the court directs otherwise.

3

A witness giving oral evidence at the final hearing may, if the court permits—

a

amplify his or her witness statement; and

b

give evidence in relation to new matters which have arisen since the witness statement was made.

4

The court may so permit only if it considers that there is good reason not to confine the evidence of the witness to the contents of the witness statement.

5

This rule is subject to—

a

any provision to the contrary in these Rules or elsewhere; or

b

any order or direction of the court.