Walker and Walker: The Law of Evidence in Scotland / Edition 5

by Margaret L Ross, James P Chalmers, Isla Callander

Overview

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 fifth edition takes account of a range of relevant new legislation, including the following statutes:

· Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019
· Domestic Abuse (Scotland) Act 2018
· Abusive Behaviour and Sexual Harm (Scotland) Act 2016
· Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016
· Criminal Justice (Scotland) Act 2016

It includes relevant case law, including significant developments in respect of opinion evidence, real evidence and corroboration.

This title is included in Bloomsbury Professional's Scottish Law, Scots Law Student and Scottish Criminal Law online services.

Product Details

ISBN-13:	9781526514455
Publisher:	Bloomsbury Academic
Publication date:	12/11/2020
Edition description:	5th ed.
Pages:	752
Product dimensions:	6.69(w) x 9.61(h) x 1.50(d)

About the Author

Margaret Ross is Chair in Law at the University of Aberdeen. From 2011 to 2017 she was a University Vice Principal and Head of the College of Arts and Social Sciences, and from 2015 to 2018 she became Vice Principal for People Strategy which included responsibility for Equality and Diversity.

James Chalmers is Regius Professor of Law at the University of Glasgow. He was appointed Regius Chair of Law in 2012 and is currently REF (Research Excellence Framework) champion for the School of Law.

Isla Callander is Lecturer in Law at the University of Aberdeen.

Table of Contents

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

Editorial Reviews

...the quality of the material, the breadth, depth and context within which the authors place their narrative and examination of the subject, this book remains to be the "go to" source on any aspect and consideration of evidence.

For any practitioner serious about representing themselves and their client before the court, this book should always be readily to hand.” —David J Dickson, The Jourbanal of the Law Society of Scotland

From the Publisher