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CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 1



1.(1) Without prejudice to section 2, in any civil proceedings a statement
contained in a document shall, subject to this section and to rules of court,
be admissible as evidence of any fact stated therein of which direct oral
evidence would be admissible, if the document is, or forms part of, a record
compiled by a person acting under a duty from information which was supplied
by a person (whether acting under a duty or not) who had, or may reasonably be
supposed to have had, personal knowledge of the matters dealt with in that
information and which, if not supplied by that person to the compiler of the
record directly, was supplied by him to the compiler of the record indirectly
through one or more intermediaries each acting under a duty.

(2) Where in any civil proceedings a party desiring to give a statement in
evidence by virtue of this section has called or intends to call as a witness
in the proceedings the person who originally supplied the information from
which the record containing the statement was compiled, the statement

(a)shall not be given in evidence by virtue of this section on behalf of that
party without the leave of the court; and

(b)without prejudice to paragraph (a) above, shall not without the leave of
the court be given in evidence by virtue of this section on behalf of that
party before the conclusion of the examination-in-chief of the person who
originally supplied the said information.

(3) Any reference in this section to a person acting under a duty includes a
reference to a person acting in the course of any trade, business, profession
or other occupation in which he is engaged or employed or for the purposes of
any paid or unpaid office held by him.


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© 1971 Crown Copyright

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