Seeking Clarification of Hearsay in Small Claims Court

[muttley]

Hi All

OK, i'll keep it as brief as possible.

I am in the process of taking a garage to court. My claim is that they fitted a part unnecessarily and without authority. I had to pay the bill in order to get the car back.

Trial is later this week. DJ in his directions has allowed my expert witness to appear etc., so no problems with my side of things.

My question is this:

I predict that the owner of the garage will turn up. However, i have never met the owner in any of my dealings. I dealt with one of his mechanics.

Can the owner say in court "my mechanic told me this" or "my mechanic said that" etc. Or should oral evidence of that nature be disallowed?

[charitynjw]

Re: Seeking Clarification of Hearsay in Small Claims Court

Hi muttley, & welcome to Legal Beagles.

I am making an assumption here that this is a 'small claims' matter.

If so, unlike other 'tracks', the strict rules of evidence do not apply - Civil Procedure Rule (CPR) 27.8(3).

However, the 'weight' given to evidence, particularly if the 'originator' of that evidence is not present in court for cross-examination, probably will be minimal at best.
However, if the mechanic makes a written statement under oath, that will be treated a bit more seriously.

It is, of course, the judge's prerogative to allow/disallow whichever evidence he/she sees fit.

[Guest]

Re: Seeking Clarification of Hearsay in Small Claims Court

Yes not to say that you cannot object to any evidence given, as not being from the horses mouth so to speak.

[charitynjw]

Re: Seeking Clarification of Hearsay in Small Claims Court

I believe there is generally there is generally a reluctance (in other tracks & higher courts, a prohibition) regarding hearsay evidence.

But there are exceptions.

Res gestae, or excited utterance, is one. - R v Andrews [1987] 2 WLR 413.

I believe the 'test' for validity/acceptability concerns whether there is a possibility of concoction, how contemporaneous it was to the event, how closely linked the statement maker is to the involved parties, & how dramatic the event was.