ABSTRACT

With the exception of the provisions with regard to expert evidence (and particularly the presumption in favour of single joint experts) rules on evidence are an area that was not significantly affected by the introduction of the CPR. The courts already had power to order witness statements and rely on them as evidence-in-chief. What the new rules did was to enhance the power of the courts to control evidence and increase the profile of witness statements to the detriment of affidavits.