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CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 8

Findings of adultery and paternity as evidence in civil proceedings.

8.(1) In any civil proceedings

(a)the fact that a person has been found guilty of adultery in any
matrimonial proceedings; and

(b)the fact that a person has been adjudged to be the father of a child in
affiliation proceedings before any court in the United Kingdom,

(2) In any civil proceedings in which by virtue of this section a person is
proved to have been found guilty of adultery as mentioned in subsection (1)(a)
or to have been adjudged to be the father of a child as mentioned in
subsection (1)(b)

(a)he shall be taken to have committed the adultery to which the finding
relates or, as the case may be, to be (or have been) the father of that child,
unless the contrary is proved; and

(b)without prejudice to the reception of any other admissible evidence for the
purpose of identifying the facts on which the finding or adjudication was
based, the contents of any document which was before the court, or which
contains any pronouncement of the court, in the matrimonial or
affiliation proceedings in question shall be admissible in evidence for that
purpose.

(3) Nothing in this section shall prejudice the operation of any
statutory provision whereby a finding of fact in any matrimonial or
affiliation proceedings is for the purposes of any other proceedings made
conclusive evidence of any fact.

(4) Section 7(4) shall apply for the purposes of this section as if the
reference to subsection (2) of that section were a reference to subsection (2)
of this section.

(5) In this section

"matrimonial proceedings" means any matrimonial cause in the High Court or in
the High Court or a county court in England and Wales, any consistorial action
in Scotland, or any appeal arising out of any such cause or action;

"affiliation proceedings" means, in relation to Scotland, any action of
affiliation and aliment;

Conclusiveness of convictions for purposes of defamation actions.



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© 1971 Crown Copyright

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