Admissions of facts are statements, whether oral or written, whether expressed or implied, which are partly or wholly adverse to a party’s legal case.
They can either be informal or formal. Informal admissions are items of evidence that can be explained away or disapproved at the trial using evidence to the contrary.
Although they are said to be hearsay in the sense that they are just assertions made by a person giving oral evidence, informal admissions are admissible as evidence in accordance with the Civil Evidence Act of 1995. On the other hand, formal admissions are usually statements of a case made in writing in compliance with notice to admit.
Below are some important things you should know about formal admissions as explained by our law tutors in London.
When Admission of Fact is necessary
In some cases, you may want to agree with the opposing party on certain facts, and by doing so, the facts will not need to be argued or proved in the court.
This is particularly important when it makes sense to narrow down the contentious issues.
For instance, in a personal injury case, the defence can decide on to agree on facts such as an accident actually happened and that it happened within the defendant’s premises.
Admissions of Facts - The procedure
To make a formal admission of fact, you have to write to the defence to clearly state the facts that you wish to formally agree.
For the formal admission to be admissible as evidence, it has to meet several conditions.
For instance, it ought to have been made before the proceedings, unless it is made in the court. It also has to be made in writing, but if it is made orally, it has to be made by the defendant’s lawyer.
The Bottom Line
In a nutshell, it is apparent that both formal and informal admissions of facts are admissible as evidence in the UK Courts.
If you would like to learn more about the admission of facts and fast track your law course, a private tutor from Advanced Law Tutors can assist you.