Full legislation
s.47A
Notice of proposal to adduce hearsay evidence
(1) Provision may be made by rules of court— (a) specifying hearsay evidence in relation to which subsection (2) shall apply; and (b) as to the manner in which (including the time within which) the duties imposed by that subsection shall be complied with in the cases where it does apply. (2) A party proposing to adduce in civil proceedings hearsay evidence which falls within subsection (1 )( a) shall, subject to subsections (3) and (4), give to the other party or parties to the proceedings— (a) such notice, if any, of that fact; and (b) on request, such particulars of or relating to the evidence, as is reasonable and practicable in the circumstances for the purpose of enabling him or them to deal with any matters arising from its being hearsay. (3) Subsection (2) may be excluded by agreement of the parties, and compliance with the duty to give notice may in any case be waived by the person to whom notice is required to be given. (4) A failure to comply with subsection (2), or with rules under subsection (1 )( b) , shall not affect the admissibility of the evidence but may be taken into account by the court— (a) in considering the exercise of its powers with respect to the course of proceedings and costs; and (b) as a matter adversely affecting the weight to be given to the evidence in accordance with section 49 .