Walker and Walker: The Law of Evidence in Scotland

Fourth Edition

By Margaret Ross, James Chalmers

This fourth edition of Walker and Walker: The Law of Evidence in Scotland offers 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 Scottish law of evidence whether in court, chamber practice, or legal education. This classic text has been updated throughout and due attention is given to changes in the context of legal proceedings, to changes in the nature of the evidence available to parties, and to the direct impact of the European Convention on Human Rights. Full account is also taken of the Criminal Justice (Scotland) Bill. Contents include: Admissibility and Relevancy of Evidence * Burden of Proof * Proof - Presumptions * Standard of Proof - Differences between Averment and Proof * Sufficiency of Evidence * Circumstantial Evidence - Examples of Its Nature and Effect * Relevancy of Evidence - Character and Collateral Issues * Hearsay * Admissibility of Evidence of Extra-Judicial Admissions and Confessions * Confidentiality * Proof - Where Evidence Is Excluded * Oral Evidence - General * Oral Evidence - Specialities of Witnesses * Evidence on Commission * Affidavits, Reports, and Dying Depositions * Opinion Evidence * Access to Witnesses and Securing Their Attendance * Real Evidence * Public and Official Documents * Proof of Terms of Documents Not Produced * Recovery and Production of Documents * Requirements of Writing for Self-Proving or Probative Deeds * Matters that Required Writing for Their Constitution and Proof before 1 August 1995 * Informal Writings before 1 August 1995 in Commercial Matters and in Proof of Obligations Generally * Proof of Actings to Perfect Proof of Obligations - Personal Bar, Rei Interventus, and Homologation * Evidence Extrinsic to Writings * Proof in Family Actions * Proof in Proceedings Concerning Children - Public Law.


Publication Date: 2/28/2015
Format: Paper
ISBN: 9781780435749