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29 November 2018 / David Burrows
Issue: 7819 / Categories: Features , Family
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Evidence in family proceedings 2018

David Burrows shines the spotlight on the latest developments in evidence & family law

  • Standard of proof: overall assessment on the preponderance of evidence.
  • Obtaining evidence from the police in care proceedings.
  • Expert evidence: a worsening squeeze on legal aid payments in children proceedings.

The law of evidence is mostly defined by the common law, and can only be changed by statute or by higher common law authority. Court rules may define the common law, but they cannot change it. In ‘Achieving best evidence in the civil courts’, NLJ 19 October 2018 at p15, Richard Samuel illustrates this in relation to oral evidence in cases where it ‘really counts’, under Civil Procedure Rules 1998 (CPR 1998) (ie CPR 1998 rr 32.4(1) and (2) (witness statements as a summary of oral evidence), 32.5(2) (statements as evidence in chief) and 32.10 (witnesses with served statements only to give evidence).

The Family Procedure Rules 2010 (FPR 2010) repeat these rules verbatim at rr 22.4, 22.5 and 22.5(2). Meanwhile, achieving of best evidence (ie Achieving Best Evidence in Criminal Proceedings: Guidance on interviewing victims

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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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