ABSTRACT

Some facts are so obvious, or well known, or indisputable, that requiring them to be proved would simply be a waste of time. The doctrine of judicial notice may operate in respect of such facts to relieve the party whose case depends on the establishment of such a fact from leading evidence of it. Other facts are exempted from the requirement of proof by means of the pleading process whereby a party may admit the existence of certain facts in order to identify more precisely the points of dispute between themselves and their opponent and to reduce the length, and therefore the costs, of the proceedings. Each of these two processes by which facts can be exempted from the requirement of proof will be considered in turn.