Walker and Walker The Law of Evidence in Scotland is a comprehensive and detailed examination of the law of evidence in the broadest of civil and criminal contexts. The emphasis is upon rigorous examination of the issues affecting all who work with the law of evidence whether in court, chamber practice or legal education.
The Sixth Edition has been updated to reflect recent case law and the latest developments in practice including:
- Ongoing significant developments in the law of corroboration by distress and res gestae and de recenti statements, notably in Lord Advocate’s References Nos 1, 2 and 3 of 2023 - Ongoing significant developments in the Moorov doctrine, including the decision in Duthie v HM Advocate 2021 JC 207 - Legal professional privilege and purported statutory overrides, as in Scottish Legal Complaints Commission v Murray 2023 SC 10
This title remains the leading authority on the law of evidence in Scotland and is an essential companion for criminal lawyers, advocates, judges and students.
Chapter 1 Admissibility and Relevancy of Evidence Chapter 2 Burden of Proof Chapter 3 Proof – Presumptions Chapter 4 Standard of Proof – Differences Between Averment and Proof Chapter 5 Sufficiency of Evidence Chapter 6 Circumstantial Evidence – Examples of its Nature and Effect Chapter 7 Relevancy of Evidence – Character and Collateral Issues Chapter 8 Hearsay Chapter 9 Admissibility of Evidence of Extrajudicial Admissions and Confessions Chapter 10 Confidentiality Chapter 11 Proof – Where Evidence is Excluded Chapter 12 Oral Evidence – General Chapter 13 Oral Evidence – Specialties of Witnesses Chapter 14 Evidence on Commission Chapter 15 Affidavits, Reports and Dying Depositions Chapter 16 Opinion Evidence Chapter 17 Access to Witnesses and Securing Their Attendance Chapter 18 Real Evidence Chapter 19 Public and Official Documents Chapter 20 Proof of Terms of Documents not Produced Chapter 21 Recovery and Production of Documents Chapter 22 Requirements of Writing for Self-Proving or Probative Deeds Chapter 23 Matters that Required Writing for their Constitution and Proof Before 1 August 1995 Chapter 24 Informal Writings Before 1 August 1995 in Commercial Matters, and in Proof of Obligations Generally Chapter 25 Proof of Actings to Perfect Proof of Obligations – Personal Bar, Rei Interventus and Homologation Chapter 26 Evidence Extrinsic to Writings Chapter 27 Proof in Family Actions Chapter 28 Proof in Proceedings Concerning Children – Public Law
James Chalmers is Regius Professor of Law at the University of Glasgow. Margaret Ross is Professor of Law Emerita at the University of Aberdeen. Isla Callander is Senior Lecturer in Law at the University of Strathclyde.
Reviews for Walker and Walker: The Law of Evidence in Scotland
The text remains the leading one on evidence and this latest edition will assuredly ensure it remains so. …. Renton and Brown has a chapter on evidence, and that and the work by Sheriff (latterly Lord) Macphail bring their own value, but this text provides a detailed and thorough analysis of the law of evidence.” -- David J Dickson * The Journal of the Law Society of Scotland (Review of the Fifth Edition) *
