Administration of Justice Act 2008

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AT 14 of 2008

ADMINISTRATION OF JUSTICE ACT 2008

Administration of Justice Act 2008 Index


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ADMINISTRATION OF JUSTICE ACT 2008

Index Section Page

PART 1 – THE HIGH COURT 5

1 Judges of the High Court ............................................................................................... 5
2 Distribution of business amongst Judges of the High Court .................................... 5
3 Arbitration proceedings ................................................................................................. 6
4 Appeals ............................................................................................................................ 6
5 Practice directions and forms ........................................................................................ 6
6 Powers of High Court .................................................................................................... 6
7 Costs ................................................................................................................................. 6
8 Salaries of certain Crown Appointments .................................................................... 6
PART 2 – ADMISSIBILITY OF HEARSAY EVIDENCE 6

9 Admissibility of hearsay evidence ............................................................................... 6
Safeguards in relation to hearsay evidence 7

10 Notice of proposal to adduce hearsay evidence ......................................................... 7
11 Power to call witness for cross-examination on hearsay statement ........................ 7
12 Considerations relevant to weighing of hearsay evidence ....................................... 8
Supplementary provisions as to hearsay evidence 8

13 Competence and credibility .......................................................................................... 8
14 Previous statements of witnesses ................................................................................. 9
15 Evidence formerly admissible at common law ........................................................ 10
Other matters 11

16 Proof of statements contained in documents ............................................................ 11
17 Proof of records of business or public authority ...................................................... 11
18 Admissibility and proof of actuarial tables ............................................................... 12
19 Provisions as to rules of court ..................................................................................... 12
Supplemental 13

20 Meaning of civil proceedings ...................................................................................... 13
21 Interpretation: Part 2 .................................................................................................... 13
22 Savings ........................................................................................................................... 13
23 Consequential amendments and repeals .................................................................. 14
Index Administration of Justice Act 2008


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PART 3 – PRESERVATION OF EVIDENCE AND OATHS 14

24 Power of court to make orders for preserving evidence, etc ................................. 14
25 Oaths and affirmations ................................................................................................ 14
PART 4 – MISCELLANEOUS PROVISIONS 14

26 Witness statements ....................................................................................................... 14
27 Interest on judgment debts ......................................................................................... 14
28 Provision with respect to costs in civil legal aid cases ............................................ 15
29 [Inserts section 42A in the Criminal Jurisdiction Act 1993.]...................................... 15
30 Rules of court: Tynwald procedure ........................................................................... 15
31 Jury lists ......................................................................................................................... 16
32 Power of court of summary jurisdiction to remit the payment of certain
arrears ............................................................................................................................ 16
33 Minor amendments ...................................................................................................... 16
34 Short title and commencement ................................................................................... 16
SCHEDULE 1 17

AMENDMENTS AND REPEALS 17
SCHEDULE 2 18

MINOR AMENDMENTS 18
ENDNOTES 19

TABLE OF LEGISLATION HISTORY 19
TABLE OF RENUMBERED PROVISIONS 19
TABLE OF ENDNOTE REFERENCES 19

Administration of Justice Act 2008 Section 1


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ADMINISTRATION OF JUSTICE ACT 2008

Received Royal Assent: 21 October 2008
Announced to Tynwald: 21 October 2008
Commenced: See endnotes
AN ACT
to make new provision with respect to the judges of the High Court;
to modernise the law relating to the admission of hearsay evidence in civil
proceedings; to amend enactments relating to civil proceedings and the
administration of justice; and for connected purposes.
PART 1 – THE HIGH COURT

1 Judges of the High Court

(1) [Amends section 2 of the High Court Act 1991 (“the 1991 Act
”) by
substituting subsection (2).]
(2) [Substitutes sections 3, 3A, 3B and 3C for section 3 of the High Court Act
1991.]
(3) [Inserts section 4A in the High Court Act 1991.]
(4) Any person who, immediately before the commencement of this section,
holds the office of —
(a) Deputy Deemster; or
(b) Acting Deemster,
shall continue in office as a Deemster appointed under section 3B of the
1991 Act (as inserted by this Act) for such period and subject to such
conditions as are specified in his or her appointment.
2 Distribution of business amongst Judges of the High Court

[Amends section 12 of the High Court Act 1991 by substituting subsections (4)
and (5) for subsection (4).]
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3 Arbitration proceedings

[Substitutes section 16 of the High Court Act 1991.]
4 Appeals

(1) [Inserts section 19B in the High Court Act 1991.]
(2) [Inserts section 21A in the High Court Act 1991.]
5 Practice directions and forms

[Inserts sections 27A and 27B in the High Court Act 1991.]
6 Powers of High Court

(1) [Amends section 34(2) of the High Court Act 1991 (powers exercisable
before commencement of action) by repealing the words “in which a
claim in respect of personal injuries to a person, or in respect of a
person’s death, is likely to be made”.]
(2) [Amends section 35(1) of the High Court Act 1991 (power to order
disclosure of documents, inspection of property) by repealing the words
from “in which” to the end of the subsection.]
7 Costs

[Amends section 53 of the High Court Act 1991 by substituting subsections (3),
(4) and (5) for subsection (3).]
8 Salaries of certain Crown Appointments

[Inserts section 57A in the High Court Act 1991.]
PART 2 – ADMISSIBILITY OF HEARSAY EVIDENCE

9 Admissibility of hearsay evidence

[P1995/38/1]
(1) In civil proceedings evidence shall not be excluded on the ground that it
is hearsay.
(2) In this Part —
(a) “hearsay
” means a statement made otherwise than by a person
while giving oral evidence in the proceedings which is tendered
as evidence of the matters stated; and
(b) references to hearsay include hearsay of whatever degree.
(3) Nothing in this Part affects the admissibility of evidence admissible apart
from this section.
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(4) Sections 10 to 21 do not apply in relation to hearsay evidence admissible
apart from this section, even though it may also be admissible by virtue
of this section.
Safeguards in relation to hearsay evidence
10 Notice of proposal to adduce hearsay evidence

[P1995/38/2]
(1) A party proposing to adduce hearsay evidence in civil proceedings shall,
subject to this section, 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 them to deal with any matters arising from its being hearsay.
(2) Provision may be made by rules of court —
(a) specifying classes of proceedings or evidence in relation to which
subsection (1) does not apply; and
(b) as to the manner in which (including the time within which) the
duties imposed by that subsection are to be complied with in the
cases where it does apply.
(3) Subsection (1) may be excluded by agreement of the parties.
(4) Compliance with the duty to give notice under subsection (1) may in any
case be waived by the person to whom notice is required to be given.
(5) A failure to comply with subsection (1), or with rules under
subsection (2)(b), does 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 12.
11 Power to call witness for cross-examination on hearsay statement

[P1995/38/3]
Rules of court may provide that where a party (“A”) to civil proceedings
adduces hearsay evidence of a statement made by a person (“B”) and does not
call B as a witness, any other party to the proceedings may, with the leave of the
court, call B as a witness and cross-examine B on the statement as if B had been
called by A and as if the hearsay statement were B’s evidence in chief.
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12 Considerations relevant to weighing of hearsay evidence

[P1995/38/4]
(1) In estimating the weight (if any) to be given to hearsay evidence in civil
proceedings the court shall have regard to any circumstances from which
any inference can reasonably be drawn as to the reliability or otherwise
of the evidence.
(2) Regard may be had, in particular, to the following —
(a) whether it would have been reasonable and practicable for the
party by whom the evidence was adduced to have produced the
maker of the original statement as a witness;
(b) whether the original statement was made contemporaneously
with the occurrence or existence of the matters stated;
(c) whether the evidence involves multiple hearsay;
(d) whether any person involved had any motive to conceal or
misrepresent matters;
(e) whether the original statement was an edited account, or was
made in collaboration with another or for a particular purpose;
(f) whether the circumstances in which the evidence is adduced as
hearsay are such as to suggest an attempt to prevent proper
evaluation of its weight.
Supplementary provisions as to hearsay evidence
13 Competence and credibility

[P1995/38/5]
(1) Hearsay evidence shall not be admitted in civil proceedings if or to the
extent that it is shown to consist of, or to be proved by means of, a
statement made by a person who at the time the statement was made
was not competent as a witness.
(2) In subsection (1), “not competent as a witness” means suffering from
such mental or physical infirmity, or lack of understanding, as would
render a person incompetent as a witness in civil proceedings; but a child
shall be treated as competent as a witness if the child satisfies the
requirements of section 77(6)(a) and (b) of the Children and Young Persons
Act 2001 (conditions for reception of unsworn evidence of child).
(3) Where hearsay evidence is adduced in civil proceedings and the maker
(“A”) of the original statement, or of any statement relied upon to prove
another statement, is not called as a witness —
(a) evidence which if A had been so called would be admissible for
the purpose of attacking or supporting A’s credibility as a witness
is admissible for that purpose in the proceedings; and
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(b) evidence tending to prove that, whether before or after A made
the statement, A made any other statement inconsistent with it is
admissible for the purpose of showing that A had contradicted
himself or herself.
(4) Evidence may not be given under subsection (3) of any matter of which,
if A had been called as a witness and had denied that matter in cross-
examination, evidence could not have been adduced by the cross-
examining party.
14 Previous statements of witnesses

[P1995/38/6]
(1) The provisions of this Part as to hearsay evidence in civil proceedings
apply equally (but with any necessary modifications) in relation to a
previous statement made by a person called as a witness in the
proceedings.
(2) Subsection (1) is subject to subsections (3) to (8).
(3) A party who has called or intends to call a person as a witness in civil
proceedings may not in those proceedings adduce evidence of a previous
statement made by that person, except —
(a) with the leave of the court, or
(b) for the purpose of rebutting a suggestion that the evidence has
been fabricated.
(4) Subsection (3) shall not be construed as preventing a witness statement
(that is, a written statement of oral evidence which a party to the
proceedings intends to lead) from being adopted by a witness in giving
evidence or treated as the evidence of the witness.
(5) Where in the case of civil proceedings section 10, 11 or 12 of the Evidence
Act 1871 applies which make provision as to —
(a) how a party may contradict his own witness;
(b) the proof of contradictory statements made by a witness; and
(c) cross-examination as to previous statements in writing,
sections 9 to 13 and this section do not authorise the adducing of
evidence of a previous inconsistent or contradictory statement otherwise
than in accordance with section 10, 11 or 12 of the Evidence Act 1871.
(6) Subsection (5) is without prejudice to any provision made by rules of
court under section 11.
(7) Nothing in sections 9 to 13 and this section affects any of the rules of law
as to the circumstances in which, where a person called as a witness in
civil proceedings is cross-examined on a document used by the witness
to refresh his or her memory, that document may be made evidence in
the proceedings.
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(8) Nothing in this section shall be construed as preventing a statement of
any description referred to above from being admissible by virtue of
section 9 as evidence of the matters stated.
15 Evidence formerly admissible at common law

[P1995/38/7]
(1) The common law rule effectively preserved by subsections (1) and (2)(a)
of section 9 of the Civil Evidence Act 1973 (evidence formerly admissible
at common law) is superseded by sections 9 to 13.
(2) The common law rules effectively preserved by subsections (1) and (2)(b)
to (d) of section 9 of the Civil Evidence Act 1973, that is, any rule of law
whereby in civil proceedings —
(a) published works dealing with matters of a public nature (for
example, histories, scientific works, dictionaries and maps) are
admissible as evidence of facts of a public nature stated in them;
(b) public documents (for example, public registers and returns made
under public authority with respect to matters of public interest)
are admissible as evidence of facts stated in them; or
(c) records (for example, the records of certain courts, treaties, Crown
grants, pardons and commissions) are admissible as evidence of
facts stated in them,
shall continue to have effect.
(3) The common law rules effectively preserved by subsections (3) and (4) of
section 9 of the Civil Evidence Act 1973, that is, any rule of law whereby in
civil proceedings —
(a) evidence of a person’s reputation is admissible for the purpose of
proving the good or bad character of that person; or
(b) evidence of reputation or family tradition is admissible —
(i) for the purpose of proving or disproving pedigree or the
existence of a marriage; or
(ii) for the purpose of proving or disproving the existence of
any public or general right or of identifying any person or
thing,
shall continue to have effect in so far as they authorise the court to treat
such evidence as proving or disproving that matter.
(4) Where the rule mentioned in subsection (3) applies, reputation or family
tradition shall be treated for the purposes of this Part as a fact and not as
a statement or multiplicity of statements about the matter in question.
(5) The words in which a rule of law mentioned in this section is described
are intended only to identify the rule and shall not be construed as
altering it in any way.
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Other matters
16 Proof of statements contained in documents

[P1995/38/8]
(1) Where a statement contained in a document is admissible as evidence in
civil proceedings, it may be proved —
(a) by the production of that document; or
(b) whether or not that document is still in existence, by the
production of a copy of that document or of the material part of it,
authenticated in such manner as the court may approve.
(2) It is immaterial for this purpose how many removes there are between a
copy and the original.
17 Proof of records of business or public authority

[P1995/38/9]
(1) A document which is shown to form part of the records of a business or
public authority may be received in evidence in civil proceedings
without further proof.
(2) A document shall be taken to form part of the records of a business or
public authority if there is produced to the court a certificate to that effect
signed by an officer of the business or authority to which the records
belong.
(3) For the purposes of subsection (2) —
(a) a document purporting to be a certificate signed by an officer of a
business or public authority shall be deemed to have been duly
given and signed by such an officer; and
(b) a certificate shall be treated as signed by a person if it purports to
bear a facsimile of that person’s signature.
(4) The absence of an entry in the records of a business or public authority
may be proved in civil proceedings by affidavit of an officer of the
business or authority to which the records belong.
(5) In this section —
“records” means records in whatever form;
“business” includes any activity regularly carried on over a period of time,
whether for profit or not, by any person;
“officer” includes any individual occupying a responsible position in relation to
the relevant activities of the business or public authority or in relation to
its records; and
“public authority” includes any Department or Statutory Board, any local
authority or joint board, any department or office of the government of
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the Island or the government of the United Kingdom, and any person
holding office under Her Majesty.
(6) The court may, having regard to the circumstances of the case, direct that
all or any of the provisions of this section do not apply in relation to a
particular document or record, or description of documents or records.
18 Admissibility and proof of actuarial tables

[P1995/38/10]
(1) The actuarial tables (together with explanatory notes) for use in personal
injury and fatal accident cases issued from time to time by the
Government Actuary’s Department in the United Kingdom are
admissible in evidence for the purpose of assessing, in an action for
personal injury, the sum to be awarded as general damages for future
pecuniary loss.
(2) They may be proved by the production of a copy published by Her
Majesty’s Stationery Office.
(3) For the purposes of this section —
(a) “personal injury” includes any disease and any impairment of a
person’s physical or mental condition; and
(b) “action for personal injury” includes an action brought by virtue
of the Law Reform (Miscellaneous Provisions) Act 1938 or the Fatal
Accidents Act 1981.
19 Provisions as to rules of court

[P1995/38/12]
(1) Any power to make rules of court regulating the practice or procedure of
the court in relation to civil proceedings includes power to make such
provision as may be necessary or expedient for carrying into effect this
Part.
(2) Any rules of court made for the purposes of this Part as they apply in
relation to proceedings in the High Court apply, except in so far as their
operation is excluded by agreement, to arbitration proceedings to which
this Part applies, subject to such modifications as may be appropriate.
(3) Any question arising as to what modifications are appropriate under
subsection (2) shall be determined, in default of agreement, by the
arbitrator or umpire, as the case may be.
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Supplemental
20 Meaning of civil proceedings

[P1995/38/11]
(1) In this Part, “civil proceedings
” means civil proceedings, before any
tribunal, in relation to which the strict rules of evidence apply, whether
as a matter of law or by agreement of the parties.
(2) References in this Part to “the court
” and “rules of court
” shall be
construed in accordance with subsection (1).
21 Interpretation: Part 2

[P1995/38/13]
In this Part —
“document
” means anything in which information of any description is
recorded, and “copy
”, in relation to a document, means anything on to
which information recorded in the document has been copied, by
whatever means and whether directly or indirectly;
“hearsay
” shall be construed in accordance with section 9(2);
“oral evidence
” includes evidence which, by reason of a defect of speech or
hearing, a person called as a witness gives in writing or by signs;
“the original statement
”, in relation to hearsay evidence, means the underlying
statement (if any) by —
(a) in the case of evidence of fact, a person having personal
knowledge of that fact; or
(b) in the case of evidence of opinion, the person whose opinion it is;
and
“statement
” means any representation of fact or opinion, however made.
22 Savings

[P1995/38/14]
(1) Nothing in this Part affects the exclusion of evidence on grounds other
than that it is hearsay.
(2) Subsection (1) applies whether the evidence falls to be excluded in
pursuance of any enactment or rule of law, for failure to comply with
rules of court or an order of the court, or otherwise.
(3) Nothing in this Part affects the proof of documents by means other than
those specified in section 16 or 17.
(4) Nothing in this Part affects the operation of the following —
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(a) section 2 of the Documentary Evidence Act 1868 (an Act of
Parliament) as it has effect in respect of the Island (mode of
proving certain official documents);
(b) sections 17 to 19 of the Evidence Act 1871 (proof of Acts);
(c) section 2 of the Documentary Evidence Act 1882 (an Act of
Parliament) as it has effect in respect of the Island (documents
printed under the superintendence of Stationery Office);
(d) section 5 of the Oaths and Evidence (Overseas Authorities and
Countries) Act 1963 (an Act of Parliament) as it has effect in
respect of the Island (public registers of other countries);
(e) sections 1 to 4 of the Evidence Act 1976 (evidence of certain
legislation).
23 Consequential amendments and repeals

(1) The enactments specified in Part 1 of Schedule 1 are amended in
accordance with that Part.
(2) The enactments specified in column 1 of Part 2 of Schedule 1 are repealed
to the extent specified in column 3 of that Part.
PART 3 – PRESERVATION OF EVIDENCE AND OATHS

24 Power of court to make orders for preserving evidence, etc

[Inserts section 33A in the High Court Act 1991.]
25 Oaths and affirmations

(1) [Amends the Oaths Act 1922 as follows: paragraph (a) adds to section 2
subsections (3), (4) and (5); and paragraph (b) inserts section 2A.]
(2) Sections 43 and 44 of the Evidence Act 1871 are repealed.
PART 4 – MISCELLANEOUS PROVISIONS

26 Witness statements

[Amends section 27 of the High Court Act 1991 (particular matters for which
rules of court may provide), by substituting subsections (8) and (8A) for
subsection (8).]
27 Interest on judgment debts

(1) [Substitutes section 9 of the Administration of Justice Act 1981].
(2) The following are repealed —
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(a) section 9A of the Administration of Justice Act 1981;
(b) section 28(1) and (2) of the Law Reform Act 1997;
(c) section 4 of the Transfer of Deemsters’ Functions Act 2003.
(3) This section shall not apply in respect of any judgment made before the
commencement of this Act.
28 Provision with respect to costs in civil legal aid cases

[Amends section 5 of the Legal Aid Act 1986 by adding subsection (4).]
29 [Inserts section 42A in the Criminal Jurisdiction Act 1993.]

30 Rules of court: Tynwald procedure

(1) [Amends section 3 (rules of court) of the Judgments (Reciprocal
Enforcement) (Isle of Man) Act 1968 by substituting subsection (3).]
(2) [Amends section 12 (special referees) of the Arbitration Act 1976 by
substituting subsection (3).]
(3) [Amends section 16 (rules of procedure of court of survey) of the
Merchant Shipping (Passenger Ships’ Survey) Act 1979 as follows:
paragraph (a) inserts “(1)” at the beginning; paragraph (b) repeals the
words from “, but no such” to the end of the section; and paragraph (c)
adds subsection (2).]
(4) [Amends section 23 (enforcement rules) of the Administration of Justice
Act 1981 by substituting subsection (2).]
(5) [Amends section 53 (orders, rules and regulations) of the Adoption Act
1984 as follows: paragraph (a) inserts “(1)” at the beginning;
paragraph (b) repeals the word “, rule”; and paragraph (c) adds
subsection (2).]
(6) [Amends section 21 (rules) of the Coroners of Inquests Act 1987 by
substituting subsection (2).]
(7) The following enactments are repealed —
(a) section 13 of the Charities Act 1962;
(b) section 11 (rules of court) of the Tourist Premises (Compensation for
Tenants’ Improvements) Act 1970;
(c) in Schedule 1 of the Governor’s General Functions (Transfer) Act
1980 —
(i) entry 259 relating to section 13 of the Charities Act 1962 and
its cross-heading;
(ii) entry 301(b) relating to section 3(3) of the Judgments
(Reciprocal Enforcement) (Isle of Man) Act 1968.
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31 Jury lists

(1) [Substitutes sections 5, 6 and 7 of the Jury Act 1980.]
(2) [Substitutes section 10 of the Jury Act 1980.]
(3) [Amends section 6(5) of the Registration of Electors Act 2006 as follows:
paragraph (a) repeals the words “to the coroner of each sheading and”;
and: paragraph (b) substitutes in paragraph (a) “each sheading” for the
first reference to “such sheading”.]
32 Power of court of summary jurisdiction to remit the payment of certain

arrears

(1) [Amends section 45 of the Matrimonial Proceedings Act 2003 by
substituting subsection (2).]
(2) [Amends paragraph 12 of Schedule 1 to the Children and Young Persons
Act 2001 by substituting paragraph (2).]
33 Minor amendments

The enactments specified in Schedule 2 are amended in accordance with that
Schedule.
34 Short title and commencement

(1) This Act may be cited as the Administration of Justice Act 2008.
(2) This Act shall come into force on such day as the Council of Ministers
may by order appoint and different days may be so appointed for
different provisions and for different purposes.1

(3) An order under subsection (2) may make such transitional provisions or
savings as the Council of Ministers may consider necessary in connection
with any provision brought into force by the order.
[Article 5(2) of SD992/08 reads as follows:
“(2) Paragraph (1) does not affect the continuing operation until 31 August 2009 of
sections 5 to 7 of the Jury Act 1980 as they stand immediately before the coming into
operation of section 31 in relation to service on a jury before that date.”]
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SCHEDULE 1

[Section 23(1)]
AMENDMENTS AND REPEALS

[Sch 1 amends the following Acts —
Evidence Act 1983 q.v.
Road Traffic Act 1985 q.v.
Highways Act 1986 q.v.
Customs and Excise Management Act 1986 q.v.
Road Transport Act 2001 q.v.
Electronic Transactions Act 2000 q.v.
and repeals the following Acts in part —
Civil Evidence Act 1973
Inheritance (Provision for Family and Dependants) Act 1982
Evidence Act 1983
Customs and Excise Management Act 1986
Value Added Tax Act 1996.]

Schedule 2
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SCHEDULE 2

[Section 33]
MINOR AMENDMENTS

[Sch 2 amends the following Acts —
Judgments (Reciprocal Enforcement) (Isle of Man) Act 1968 q.v.
Interpretation Act 1976 q.v.
Advocates Act 1976 q.v.
Jury Act 1980 q.v.
Adoption Act 1984 q.v.
Summary Jurisdiction Act 1989 q.v.
Administration of Estates Act 1990 q.v.
High Court Act 1991 q.v.
Criminal Jurisdiction Act 1993 q.v.
Civil Jurisdiction Act 2001 q.v.]
Administration of Justice Act 2008 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
ADO (ss 25, 29, 30, 32, 34 for all purposes) 1/1/2009 (SD992/08); (s 31 (subject to the
provisions of art 5(2) of SD992/08, reproduced below); 1/1/2009 (SD992/08); (remainder
of Act, except to the extent indicated previously, for the purpose of making rules of
court and practice directions and preparing or approving forms) 1/1/2009 (SD992/08);
(remainder of Act, for all other purposes) 1/9/2009 (SD992/08).