Mr. Watterson clearly regarded any testimony he might give as simply a re-statement of the information he had already given in his pleading, rather than as a necessary transmission of the facts in
the form of admissible evidence.
Not exact matches
Without prejudice communications are not, subject to certain exceptions (see Unilever v Proctor & Gamble Co [2001] 1 All ER 783, [2000] 1 WLR 2436),
admissible as
evidence and are treated effectively as a
form of privilege.
Is the
form of the ESI that is being offered as
evidence original or duplicate under the original writing rule, or if not, is there
admissible secondary
evidence to prove the content
of the ESI (Rules 1001 - 1008).
During the time leading up to the first trial setting
of your case, your attorneys will be busy collecting your medical bills, records and
evidence of lost wages in
admissible form.
She established a broad and flexible approach to the evidentiary requirements for MAD applications, finding that «any
form of admissible, authentic and reliable
evidence» could satisfy the criteria (at para 88).
The BSB Guidance above sets out Lord Bingham's comments in Medcalf on pleading: «The requirement is not that [the pleader] should necessarily have before him / her
evidence in
admissible form but that s / he should have material
of such a character as to lead a responsible lawyer to conclude that serious allegations should properly be based upon it.»
Their Lordships held that the
evidence was not
admissible because the will post-dated the transfer
of the shares and it is «well established that
evidence to rebut the presumption
of advancement can not take the
form of denials
of a transferee's beneficial ownership made by the transferor after the event».