ABSTRACT

This chapter examines on studying the law of evidence who have acquired some knowledge, but still feel that they need more confidence in handling it correctly in assessments. A privilege is a right that the law gives to a person allowing him to refuse to testify about a certain matter, or to refuse to produce a document or piece of real evidence. Public policy comes into the picture where it is thought that the disclosure of evidence would be damaging in some way to the general good. By r 31.20 of the Civil Procedure Rules (as at April 2015), inadvertently disclosed privileged documents may only be used with the consent of the court. Students should be familiar with s 10 of the Contempt of Court Act 1981. The authority of Rogers and Alfred should be used to highlight the court's approach to privilege and how the law was developing thereby.