Civil Evidence Act 1995 Overview

1995 CHAPTER 38

To have a good understanding about Document Managements System it can be good practice to have a basic understanding on where the law and documents requirements may be mentioned or even to what degree documents have to be controlled under certain conditions or in what areas documents may be required.

I have no training in law as I am educated within an engineering background but this basic understanding does help to understand to which areas this may be used or even mentioned and it certainly does help you if you want to understand this concept in more detail.

What is the Civil Evidence Act 1995

This is an Act to provide for the admissibility of hearsay evidence, the proof of certain documentary evidence and the admissibility and proof of official actuarial tables in civil proceedings; and for connected purposes.

The Civil Evidence Act 1995 has introduced a system whereby all documents and copy documents, including computer records, can be admitted as evidence in civil proceedings.

The Act requires particular attention to be paid to the setting up of authorization procedures and the ability to demonstrate to the courts that these procedures are being followed. It may need to be shown by evidence in court that a particular computer was being used regularly, was supplied regularly with information of the sort from which the document in question was derived and was operating properly.

The information below indicates to which area documents may be mentioned within the act, this is a guide line only and does help to understand this act in more detail.

8 Proof of statements contained in documents

(1) Where a statement contained in a document is admissible as evidence in civil proceedings, it may be proved—

(a) By the production of that document, or

(b) Whether or not that document is still in existence, by the production of a copy of that document or of the material part of it,

Authenticated in such manner as the court may approve

(2) It is immaterial for this purpose how many removes there are between a copy and the original.

9 Proof of records of business or public authority

(1) A document which is shown to form part of the records of a business or public authority may be received in evidence in civil proceedings without further proof.

(2) A document shall be taken to form part of the records of a business or public authority if there is produced to the court a certificate to that effect signed by an officer of the business or authority to which the records belong.

For this purpose—

(a) a document purporting to be a certificate signed by an officer of a business or public authority shall be deemed to have been duly given by such an officer and signed by him; and

(b) a certificate shall be treated as signed by a person if it purports to bear a facsimile of his signature.

(3) The absence of an entry in the records of a business or public authority may be proved in civil proceedings by affidavit of an officer of the business or authority to which the records belong.

(4) In this section—

  • “records” means records in whatever form;
  • “business” includes any activity regularly carried on over a period of time, whether for profit or not, by any body (whether corporate or not) or by an individual;
  • “officer” includes any person occupying a responsible position in relation to the relevant activities of the business or public authority or in relation to its records; and
  • “public authority” includes any public or statutory undertaking, any government department and any person holding office under Her Majesty.

(5) The court may, having regard to the circumstances of the case, direct that all or any of the above provisions of this section do not apply in relation to a particular document or record, or description of documents or records.

10 Admissibility and proof of Ogden Tables

(1) The actuarial tables (together with explanatory notes) for use in personal injury and fatal accident cases issued from time to time by the Government Actuary’s Department are admissible in evidence for the purpose of assessing, in an action for personal injury, the sum to be awarded as general damages for future pecuniary loss.

(2) They may be proved by the production of a copy published by Her Majesty’s Stationery Office.

(3) For the purposes of this section—

(a) “personal injury” includes any disease and any impairment of a person’s physical or mental condition; and

(b) “action for personal injury” includes an action brought by virtue of the [1934 c. 41.] Law Reform (Miscellaneous Provisions) Act 1934 or the [1976 c. 30.] Fatal Accidents Act 1976.

Savings

(1) Nothing in this Act affects the exclusion of evidence on grounds other than that it is hearsay.

This applies whether the evidence falls to be excluded in pursuance of any enactment or rule of law, for failure to comply with rules of court or an order of the court, or otherwise.

(2) Nothing in this Act affects the proof of documents by means other than those specified in section 8 or 9.

(3) Nothing in this Act affects the operation of the following enactments—

(a) section 2 of the [1868 c. 37.] Documentary Evidence Act 1868 (mode of proving certain official documents);

(b) section 2 of the [1882 c. 9.] Documentary Evidence Act 1882 (documents printed under the superintendence of Stationery Office);

(c) section 1 of the [1907 c. 16.] Evidence (Colonial Statutes) Act 1907 (proof of statutes of certain legislatures);

(d) section 1 of the [1933 c. 4.] Evidence (Foreign, Dominion and Colonial Documents) Act 1933 (proof and effect of registers and official certificates of certain countries);

(e) section 5 of the [1963 c. 27.] Oaths and Evidence (Overseas Authorities and Countries) Act 1963 (provision in respect of public registers of other countries).

 Gaming Act 1968 (c. 65)

4 In section 43 of the Gaming Act 1968 (powers of inspectors and related provisions), for subsection (11) substitute—

“(11) In this section—

“document” means anything in which information of any description is recorded, and

“copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly.”.

The above statement is also in the following sections

  • Vehicle and Driving Licences Act 1969 (c. 27)
  • Taxes Management Act 1970 (c. 9)
  • Civil Evidence Act 1972 (c. 30)
  • International Carriage of Perishable Foodstuffs Act 1976 (c. 58)
  • Criminal Justice Act 1988 (c. 33)
  • Road Traffic Offenders Act 1988 (c. 53)
  • Vehicle Excise and Registration Act 1994 (c. 22)

The above information may give you a good idea to the areas where documents are mentioned within this act, and it also provides interesting reading, this article is for reference only, and if you require and further information or any particular information relating to this act I would recommend that you connect your lawer.

To see the act represented in full click on the following link

 http://www.isurv.com/site/scripts/download_info.aspx?categoryID=406&downloadID=746

 

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About martin smith

A degree in Engineering Management ,who is just trying to make life a bit easier, for anyone who wishes to read these articles. View all posts by martin smith

2 responses to “Civil Evidence Act 1995 Overview

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