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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.
© 1971 Crown Copyright
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