JSB171 Lecture Notes - Lecture 1: Posttraumatic Stress Disorder, Affidavit, Bmw M54
Document Summary
Cannot contradict evidence of witness on a collateral issues (=credit): q on credit denied cannot ask other witnesses the same question, can continue to xe same witness on same point. Collateral issues : credibility of witnesses, admissibility of evidence, judicial discretion. Fixed test of relevance whether rationally affects probability of facts in issue, as a matter of common sense and experience: nicholls: cf. Previously flexible standard difficult to determine whether a piece of evidence is collateral or not: goldsmith v sandilands. Cf. if was denying ability to see would be relevant to the facts: so connected with the issues that you would be able to give it in evidence: ag v. Exceptions: originally perjury etc but now expanded to other offences. Bias, partiality or interest of the witness [ also prove by pis] = reasonable possibility that a witness is biased in favour of the party calling them or against the other party.
