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Cross & Tapper on Evidence

Cross & Tapper on Evidence (13th edn)

Roderick Munday
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date: 25 September 2022

p. 675XV. Documentary evidencelocked

p. 675XV. Documentary evidencelocked

  • Roderick MundayRoderick MundayReader Emeritus in Law, University of Cambridge, Fellow Emeritus of Peterhouse, Cambridge, Bencher of Lincoln’s Inn

Abstract

This chapter deals with documentary evidence. It first discusses the authentication of documents, by looking at proof under the new provisions of statements in documents generally; proof of business, and public, records; procedure under the Civil Procedure Rules; and some special considerations applying to public documents and to bankers' books. Next, the chapter turns to the proof of the execution of private documents. Here, the chapter considers the proof of handwriting and attestation, alongside the special provision permitting the use of electronic signatures. Finally, this chapter concerns whether, once a transaction has been embodied in a document, evidence may be given of terms other than those it mentions, and, second, the extent to which evidence may be given of the meaning of the terms used in the document.

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