Courts’ power to manage factual evidence


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert
Practice notes
COVID-19

Courts’ power to manage factual evidence


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert

Practice notes
COVID-19
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In this Practice Note, the court's power to manage evidence under CPR 32.1 and, in relation to witness evidence specifically, under CPR 32.2(3) is considered, along with points to consider when proposing factual witnesses.

In some courts, specific Rules and practices apply. For details, please consult the relevant court guide for that court. For guidance on the various court guides, see Practice Note: Court guides and other guidance.

Case management of evidence—Rules 32.1 and 32.2(3)

Under CPR 32.1, the court can:

  1. •

    control the evidence by giving directions on:

    1. â—¦

      the issues on which it requires evidence

    2. â—¦

      the nature of the evidence which it requires to decide those issues, and

    3. â—¦

      the way in which the evidence is to be placed before the court

  2. •

    exclude evidence that would otherwise be admissible (CPR 32.1(2))

  3. •

    limit Cross-examination (CPR 32.1(3))

Further, and in relation to factual evidence specifically, the court can reduce the volume of irrelevant or inadmissible material put forward in civil proceedings by giving directions under CPR 32.2(3):

  1. •

    identifying

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Case management definition
What does Case management mean?

The procedural role of the court in ensuring the disposal of disputes in accordance with the overriding objective.

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