2023년 2월 26일 일요일

Are the rules on evidence more relaxed for interim application in English civil procedure?

The rules on evidence in English civil procedure are generally the same for interim applications as they are for the main trial of the case. However, there may be some flexibility in the application of the rules in certain circumstances, particularly if the interim application is urgent or the evidence is not available in the usual way. For example, in urgent cases where there is not enough time to obtain formal evidence, the court may allow hearsay evidence or evidence obtained through informal channels. Similarly, the court may allow evidence to be submitted in written form rather than oral testimony, particularly if the parties are not able to attend a hearing in person. However, it is important to note that the court will still apply the usual rules of evidence as far as possible, and will only depart from those rules if there is a good reason to do so. In addition, the court will consider the reliability and probative value of the evidence, as well as any potential prejudice to the other party, in deciding whether to admit the evidence. Therefore, while the rules on evidence may be more flexible in some circumstances for interim applications, the general principles of fairness and reliability still apply, and parties should be prepared to present their evidence in a clear, concise, and credible manner, consistent with the usual rules of evidence in English civil procedure.

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