This leading text gives a comprehensive and detailed examination of the law of evidence in the broadest of civil and criminal contexts. The emphasis is upon rigorous examination of the issues affecting all who work with the law of evidence whether in court, chamber practice or legal education.
The sixth edition has been updated to reflect recent case law and the latest developments in practice including:
- The Victims, Witnesses and Justice Reform (Scotland) Bill, currently before the Scottish Parliament, which will reform the law on special measures in civil cases and create a new sexual offences court
- Ongoing significant developments in the law of corroboration by distress, where the High Court has recently heard arguments in Lord Advocate’s Reference (No 1 of 2023) and is likely to reshape the law in its decision
- Ongoing significant developments in the Moorov doctrine, including the decision in Duthie v HM Advocate 2021
- Legal Professional Privilege and purported statutory overides, as in Scottish Legal Complaints Commission v Murray & McCusker 2022
Chapter 1 Admissibility and Relevancy of Evidence
Chapter 2 Burden of Proof
Chapter 3 Proof – Presumptions
Chapter 4 Standard of Proof – Differences Between Averment and Proof
Chapter 5 Sufficiency of Evidence
Chapter 6 Circumstantial Evidence – Examples of its Nature and Effect
Chapter 7 Relevancy of Evidence – Character and Collateral Issues
Chapter 8 Hearsay
Chapter 9 Admissibility of Evidence of Extrajudicial Admissions and Confessions
Chapter 10 Confidentiality
Chapter 11 Proof – Where Evidence is Excluded
Chapter 12 Oral Evidence – General
Chapter 13 Oral Evidence – Specialties of Witnesses
Chapter 14 Evidence on Commission
Chapter 15 Affidavits, Reports and Dying Depositions
Chapter 16 Opinion Evidence
Chapter 17 Access to Witnesses and Securing Their Attendance
Chapter 18 Real Evidence
Chapter 19 Public and Official Documents
Chapter 20 Proof of Terms of Documents not Produced
Chapter 21 Recovery and Production of Documents
Chapter 22 Requirements of Writing for Self-Proving or Probative Deeds
Chapter 23 Matters that Required Writing for their Constitution and Proof Before 1 August 1995
Chapter 24 Informal Writings Before 1 August 1995 in Commercial Matters, and in Proof of Obligations Generally
Chapter 25 Proof of Actings to Perfect Proof of Obligations – Personal Bar, Rei Interventus and Homologation
Chapter 26 Evidence Extrinsic to Writings
Chapter 27 Proof in Family Actions
Chapter 28 Proof in Proceedings Concerning Children – Public Law
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