Civil Evidence Act 1995
In civil proceedings evidence shall not be excluded on the ground that it is hearsay.
In this Act—
“hearsay” means a statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated; and
references to hearsay include hearsay of whatever degree.
Nothing in this Act affects the admissibility of evidence admissible apart from this section.
The provisions of sections 2 to 6 (safeguards and supplementary provisions relating to hearsay evidence) do not apply in relation to hearsay evidence admissible apart from this section, notwithstanding that it may also be admissible by virtue of this section.
A party proposing to adduce hearsay evidence in civil proceedings shall, subject to the following provisions of this section, give to the other party or parties to the proceedings— as is reasonable and practicable in the circumstances for the purpose of enabling him or them to deal with any matters arising from its being hearsay.
such notice (if any) of that fact, and
on request, such particulars of or relating to the evidence,
Provision may be made by rules of court—
specifying classes of proceedings or evidence in relation to which subsection (1) does not apply, and
as to the manner in which (including the time within which) the duties imposed by that subsection are to be complied with in the cases where it does apply.
Subsection (1) may also be excluded by agreement of the parties; and compliance with the duty to give notice may in any case be waived by the person to whom notice is required to be given.
A failure to comply with subsection (1), or with rules under subsection (2)(b), does not affect the admissibility of the evidence but may be taken into account by the court—
in considering the exercise of its powers with respect to the course of proceedings and costs, and
as a matter adversely affecting the weight to be given to the evidence in accordance with section 4.
Rules of court may provide that where a party to civil proceedings adduces hearsay evidence of a statement made by a person and does not call that person as a witness, any other party to the proceedings may, with the leave of the court, call that person as a witness and cross-examine him on the statement as if he had been called by the first-mentioned party and as if the hearsay statement were his evidence in chief.
In estimating the weight (if any) to be given to hearsay evidence in civil proceedings the court shall have regard to any circumstances from which any inference can reasonably be drawn as to the reliability or otherwise of the evidence.
Regard may be had, in particular, to the following—
whether it would have been reasonable and practicable for the party by whom the evidence was adduced to have produced the maker of the original statement as a witness;
whether the original statement was made contemporaneously with the occurrence or existence of the matters stated;
whether the evidence involves multiple hearsay;
whether any person involved had any motive to conceal or misrepresent matters;
whether the original statement was an edited account, or was made in collaboration with another or for a particular purpose;
whether the circumstances in which the evidence is adduced as hearsay are such as to suggest an attempt to prevent proper evaluation of its weight.
Hearsay evidence shall not be admitted in civil proceedings if or to the extent that it is shown to consist of, or to be proved by means of, a statement made by a person who at the time he made the statement was not competent as a witness.
Where in civil proceedings hearsay evidence is adduced and the maker of the original statement, or of any statement relied upon to prove another statement, is not called as a witness— Provided that evidence may not be given of any matter of which, if he had been called as a witness and had denied that matter in cross-examination, evidence could not have been adduced by the cross-examining party.
evidence which if he had been so called would be admissible for the purpose of attacking or supporting his credibility as a witness is admissible for that purpose in the proceedings; and
evidence tending to prove that, whether before or after he made the statement, he made any other statement inconsistent with it is admissible for the purpose of showing that he had contradicted himself.
Subject as follows, the provisions of this Act as to hearsay evidence in civil proceedings apply equally (but with any necessary modifications) in relation to a previous statement made by a person called as a witness in the proceedings.
A party who has called or intends to call a person as a witness in civil proceedings may not in those proceedings adduce evidence of a previous statement made by that person, except—
with the leave of the court, or
for the purpose of rebutting a suggestion that his evidence has been fabricated.
This shall not be construed as preventing a witness statement (that is, a written statement of oral evidence which a party to the proceedings intends to lead) from being adopted by a witness in giving evidence or treated as his evidence.
Where in the case of civil proceedings section3,4 or5 of the Criminal Procedure Act 1865 applies, which make provision as to— this Act does not authorise the adducing of evidence of a previous inconsistent or contradictory statement otherwise than in accordance with those sections.
how far a witness may be discredited by the party producing him,
the proof of contradictory statements made by a witness, and
cross-examination as to previous statements in writing,
Nothing in this Act affects any of the rules of law as to the circumstances in which, where a person called as a witness in civil proceedings is cross-examined on a document used by him to refresh his memory, that document may be made evidence in the proceedings.
Nothing in this section shall be construed as preventing a statement of any description referred to above from being admissible by virtue of section 1 as evidence of the matters stated.
The common law rule effectively preserved by section 9(1) and (2)(a) of the Civil Evidence Act 1968 (admissibility of admissions adverse to a party) is superseded by the provisions of this Act.
The common law rules effectively preserved by section 9(1) and (2)(b) to (d) of the Civil Evidence Act 1968, that is, any rule of law whereby in civil proceedings— shall continue to have effect.
published works dealing with matters of a public nature (for example, histories, scientific works, dictionaries and maps) are admissible as evidence of facts of a public nature stated in them,
public documents (for example, public registers, and returns made under public authority with respect to matters of public interest) are admissible as evidence of facts stated in them, or
records (for example, the records of certain courts, treaties, Crown grants, pardons and commissions) are admissible as evidence of facts stated in them,
The common law rules effectively preserved by section 9(3) and (4) of the Civil Evidence Act 1968, that is, any rule of law whereby in civil proceedings—
evidence of a person’s reputation is admissible for the purpose of proving his good or bad character, or
evidence of reputation or family tradition is admissible— shall continue to have effect in so far as they authorise the court to treat such evidence as proving or disproving that matter.
for the purpose of proving or disproving pedigree or the existence of a marriage, or
for the purpose of proving or disproving the existence of any public or general right or of identifying any person or thing,
The words in which a rule of law mentioned in this section is described are intended only to identify the rule and shall not be construed as altering it in any way.
Where a statement contained in a document is admissible as evidence in civil proceedings, it may be proved— authenticated in such manner as the court may approve.
by the production of that document, or
whether or not that document is still in existence, by the production of a copy of that document or of the material part of it,
It is immaterial for this purpose how many removes there are between a copy and the original.
A document which is shown to form part of the records of a business or public authority may be received in evidence in civil proceedings without further proof.
A document shall be taken to form part of the records of a business or public authority if there is produced to the court a certificate to that effect signed by an officer of the business or authority to which the records belong. For this purpose—
a document purporting to be a certificate signed by an officer of a business or public authority shall be deemed to have been duly given by such an officer and signed by him; and
a certificate shall be treated as signed by a person if it purports to bear a facsimile of his signature.
The absence of an entry in the records of a business or public authority may be proved in civil proceedings by affidavit of an officer of the business or authority to which the records belong.
In this section—
“records” means records in whatever form;
“oral evidence” includes evidence which, by reason of a defect of speech or hearing, a person called as a witness gives in writing or by signs;
“business” includes any activity regularly carried on over a period of time, whether for profit or not, by any body (whether corporate or not) or by an individual;
This is without prejudice to any provision made by rules of court under section 3 above (power to call witness for cross-examination on hearsay statement).
“public authority” includes any public or statutory undertaking, any government department and any person holding office under Her Majesty.
The court may, having regard to the circumstances of the case, direct that all or any of the above provisions of this section do not apply in relation to a particular document or record, or description of documents or records.
The actuarial tables (together with explanatory notes) for use in personal injury and fatal accident cases issued from time to time by the Government Actuary’s Department are admissible in evidence for the purpose of assessing, in an action for personal injury, the sum to be awarded as general damages for future pecuniary loss.
They may be proved by the production of a copy published by Her Majesty’s Stationery Office.
For the purposes of this section—
“personal injury” includes any disease and any impairment of a person’s physical or mental condition; and
“action for personal injury” includes an action brought by virtue of the Law Reform (Miscellaneous Provisions) Act 1934 or the Fatal Accidents Act 1976.
In this Act “civil proceedings” means civil proceedings, before any tribunal, in relation to which the strict rules of evidence apply, whether as a matter of law or by agreement of the parties. References to “the court” and “rules of court” shall be construed accordingly.
Any question arising as to what modifications are appropriate shall be determined, in default of agreement, by the arbitrator or umpire, as the case may be.
Any power to make rules of court regulating the practice or procedure of the court in relation to civil proceedings includes power to make such provision as may be necessary or expedient for carrying into effect the provisions of this Act.
Any rules of court made for the purposes of this Act as it applies in relation to proceedings in the High Court apply, except in so far as their operation is excluded by agreement, to arbitration proceedings to which this Act applies, subject to such modifications as may be appropriate.
In this Act—
“civil proceedings” has the meaning given by section 11 and “court” and “rules of court” shall be construed in accordance with that section;
Section 15(1).
For section 62 of the Army Act 1955 (making of false documents) substitute—.
For section 62 of the Air Force Act 1955 (making of false documents) substitute—.
For section 35 of the Naval Discipline Act 1957 (making of false documents) substitute—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 27 of the Vehicle and Driving Licences Act 1969 (admissibility of records as evidence) is amended as follows. For subsection (2) substitute—. In subsection (4)(b), for the words from “for the references” to the end substitute “ for the definitions of ’ “ document”, “copy” and “statement” there were substituted “document” and “statement” have the same meanings as in section 17(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and the reference to a copy of a document shall be construed in accordance with section 17(4) of that Act, but nothing in this paragraph shall be construed as limiting to civil proceedings the references to proceedings in subsection (1)’. ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5 of the Civil Evidence Act 1972 (interpretation and application of Act) is amended as follows. For subsection (1) (meaning of “civil proceedings” and “court”) substitute—. Any question arising as to what modifications are appropriate shall be determined, in default of agreement, by the tribunal.
In section 15 of the International Carriage of Perishable Foodstuffs Act 1976 (admissibility of records as evidence), for subsection (2) substitute—.
The Police and Criminal Evidence Act 1984 is amended as follows. “copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly, and “statement” means any representation of fact, however made; and In section 118(1) (general interpretation), in the definition of “document”, for “has the same meaning as in Part I of the Civil Evidence Act 1968” substitute “ means anything in which information of any description is recorded. ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 10 of the Finance Act 1985 (production of computer records, &c.) is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omit subsection (7) (adaptation of references to Civil Evidence Act 1968).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 127 of the Finance Act 1988 (production of computer records, &c.) is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omit subsection (5) (adaptation of references to Civil Evidence Act 1968).
In section 97 of the Housing Act 1988 (information, &c. for applicant), for subsection (4) substitute—.
In section 13 of the Road Traffic Offenders Act 1988 (admissibility of records as evidence), for subsection (3) substitute—.
“civil proceedings” means civil proceedings, before any tribunal, in relation to which the strict rules of evidence apply, whether as a matter of law or by agreement of the parties, and references to “the court” shall be construed accordingly;
“document” means anything in which information of any description is recorded, and in relation to a document in which information is recorded otherwise than in legible form any reference to sight of the document is to sight of the information in legible form;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 52 of the Vehicle Excise and Registration Act 1994 (admissibility of records as evidence), for subsections (3) to (5) substitute—.
In section 96(1) of the Value Added Tax Act 1994 (general interpretative provisions), at the appropriate places insert—
“copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly.
“copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly.
Section 15(2). Chapter Short title Extent of repeal 1938 c. 28. Evidence Act 1938. Sections 1 and 2. Section 6(1) except the words from “Proceedings” to “references”. Section 6(2)(b). 1968 c. 64. Civil Evidence Act 1968. Part I. 1971 c. 33. Armed Forces Act 1971. Section 26. 1972 c. 30. Civil Evidence Act 1972. Section 1. Section 2(1) and (2). In section 2(3)(b), the words from “by virtue of section 2” to “out-of-court statements)”. In section 3(1), the words “Part I of the Civil Evidence Act 1968 or”. In section 6(3), the words “1 and”, in both places where they occur. 1975 c. 63. Inheritance (Provision for Family and Dependants) Act 1975. Section 21. 1979 c. 2. Customs and Excise Management Act 1979. Section 75A(6)(a). Section 118A(6)(a). 1980 c. 43. Magistrates’ Courts Act 1980. In Schedule 7, paragraph 75. 1984 c. 28. County Courts Act 1984. In Schedule 2, paragraphs 33 and 34. 1985 c. 54. Finance Act 1985. Section 10(7). 1986 c. 21. Armed Forces Act 1986. Section 3. 1988 c. 39. Finance Act 1988. Section 127(5). 1990 c. 26. Gaming (Amendment) Act 1990. In the Schedule, paragraph 2(7). 1994 c. 9. Finance Act 1994. Section 22(2)(a). In Schedule 7, paragraph 1(6)(a). 1994 c. 23. Value Added Tax Act 1994. Section 96(6) and (7). In Schedule 11, paragraph 6(6)(a). 1995 c. 4. Finance Act 1995. In Schedule 4, paragraph 38.
“hearsay” shall be construed in accordance with section 1(2);
“officer” includes any person occupying a responsible position in relation to the relevant activities of the business or public authority or in relation to its records; and
“the original statement”, in relation to hearsay evidence, means the underlying statement (if any) by—
“records” means records in whatever form;
“the original statement”, in relation to hearsay evidence, means the underlying statement (if any) by—
in the case of evidence of opinion, the person whose opinion it is; and
Nothing in this Act affects the exclusion of evidence on grounds other than that it is hearsay.
Nothing in this Act affects the proof of documents by means other than those specified in section 8 or 9.
Nothing in this Act affects the operation of the following enactments—
section 2 of the Documentary Evidence Act 1868 (mode of proving certain official documents);
section 2 of the Documentary Evidence Act 1882 (documents printed under the superintendence of Stationery Office);
section 1 of the Evidence (Colonial Statutes) Act 1907 (proof of statutes of certain legislatures);
section 1 of the Evidence (Foreign, Dominion and Colonial Documents) Act 1933 (proof and effect of registers and official certificates of certain countries);
section 5 of the Oaths and Evidence (Overseas Authorities and Countries) Act 1963 (provision in respect of public registers of other countries).
The enactments specified in Schedule 1 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.
The enactments specified in Schedule 2 are repealed to the extent specified.
This Act may be cited as the Civil Evidence Act 1995.
Transitional provisions for the application of the provisions of this Act to proceedings begun before commencement may be made by rules of court or practice directions.
The provisions of this Act come into force on such day as the Lord Chancellor may appoint by order made by statutory instrument, and different days may be appointed for different provisions and for different purposes.
Subject to subsection (3A), the provisions of this Act shall not apply in relation to proceedings begun before commencement.
This Act extends to England and Wales.
Section 10 (admissibility and proof of Ogden Tables) also extends to Northern Ireland.
The provisions of Schedules 1 and 2 (consequential amendments and repeals) have the same extent as the enactments respectively amended or repealed.