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Olivia issues proceedings against Mark for damages relating to personal injury caused by Mark's negligent driving. A witness, Alex, provides a statement saying that they were told by another individual who witnessed the road traffic accident that Mark was travelling at approximately 45 mph at the time of the collision. Alex, the witness who provided the statement, will not be attending the trial to give oral evidence. Which of the following best reflects the way that the court will view this witness statement?

A. The court will exclude the evidence on the basis that hearsay evidence is inadmissible.

B. The court will exclude the evidence on the basis that hearsay evidence is only admissible where the witness attends court to be cross-examined on it.

C. The court will regard the evidence as inadmissible, as the hearsay evidence must be in relation to a perception of a relevant fact to be admissible. The speed that the car was travelling at is simply an opinion.

D. The court will regard the evidence as inadmissible as the original provider of the statement has not provided a witness statement to support it.

E. The whole statement will be viewed as admissible hearsay evidence as the witness is not attending court to give oral evidence, but the statement itself does relate to a perception of a relevant fact.

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Hearsay evidence is admissible if it recounts a perception made by another person about a relevant fact. The speed of the vehicle is a relevant fact, making the statement admissible hearsay evidence. If the witness does not attend court, the whole statement is considered hearsay, but it will not be ruled inadmissible; instead, it will affect the weight the court attaches to the statement. Option A is incorrect because hearsay evidence can be admissible under certain conditions. Option B is incorrect as hearsay does not require the witness to be present for cross-examination. Option C is incorrect because the speed of the vehicle is a relevant fact, not just an opinion. Option D is incorrect because hearsay evidence can be admissible even if the original provider does not give their own witness account.

Key Point: Hearsay evidence is admissible in civil proceedings, but the absence of the witness to be cross-examined can affect the weight given to the evidence.

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Dispute ResolutionUnit 5Chapter 12

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