p. 1445. Proof without evidence
- Richard GloverRichard GloverSenior Lecturer, School of Law, University of Wolverhampton
Abstract
This chapter examines cases in which a court will, or may, find facts in issue or relevant facts established without requiring proof by means of evidence. Specifically, it considers cases in which: (a) facts are formally admitted for the purpose of the proceedings, i.e. are taken to be proved without the need for evidence; (b) notorious or readily demonstrable facts are noticed judicially by the court, i.e. are facts of which the court will acknowledge the truth without the necessity for proof; and (c) facts are presumed in favour of the party asserting them, i.e. where a party proves one fact (the primary fact) and a second fact (the presumed fact) will also be taken to have been proved, in the absence of evidence to the contrary.
