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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. 77II. Matters not requiring proof and judicial findings as evidencelocked

p. 77II. Matters not requiring proof and judicial findings as evidencelocked

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

Abstract

This chapter examines the exceptions to the general rule that all facts in issue, or relevant to the issue, in a given case must be proved by evidence. It shows that sometimes, the judge, or trier of fact, is entitled to find a fact of their own motion: judicial notice may be taken of that fact. Alternatively, a party may formally admit a relevant matter. In addition, a matter may still be determined against a party because the law precludes them from contesting it. They are then ‘estopped’, as when the same matter has been determined against them and in favour of their opponent by a binding and conclusive judgment of a court. Finally, this chapter considers the wider question of the status of judicial findings in other proceedings.

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