Evidence in Family Proceedings

The present mainstream books on evidence do not include coverage of certain features which are unique to family law - eg special law and procedure on hearsay and other rules of evidence (eg litigation privilege and expert evidence) in children proceedings; and the rules on disclosure in financial relief proceedings. At the same time, family lawyers do not always take account of the extent to which they depend on the common law and the rules of evidence which are defined by such mainstream texts. Accordingly, this specialist title defines the general rules of evidence as they apply to family matters, while the range of rules which apply specifically to family proceedings are also covered in detail.

*Introduction *Forms and range of evidence *Private and open court: evidence in family proceedings *Evidence and the court hearing *Issues for trial *Relevance and admissibility *Burden and standard of proof *Compellability *Facts not requiring proof *Opinion evidence *Information and inquiry *Disclosure *Privilege from disclosure *Legal professional privilege *Self-incrimination privilege *Without prejudice privilege *Public interest immunity *Closed material procedures *Children: their voice and their evidence *Vulnerable and incapacitated witnesses and parties in family proceedings *Special measures for dealing with evidence *Evidence on appeal