Powered by Lexis+®
Jurisdiction(s):
United Kingdom
United Kingdom
Key definition
Judicial notice definition What does Judicial notice mean? Judicial notice is the court’s ability to accept certain facts without formal proof where they are notorious, indisputable, or readily verifiable from reliable sources. It is a common-law doctrine applied in both civil and criminal cases, developed chiefly through case law rather than exhaustive statutory definition. Courts typically take notice of public Acts and subordinate legislation, the calendar, public holidays, time, geographical facts, well-known historical events, meanings of ordinary words, and established court practice. The court will notice domestic law; foreign law usually requires proof unless statute provides otherwise. Judicial notice is used to save time and costs but will...
Read More
Civil evidence in England and Wales: burden and inherent probabilities; judicial notice; notices to admit; witness statements-use, inspection and collateral use; admissibility of other tribunals’ findings; criminal convictions; witness immunity
Published by a
LexisNexis Dispute Resolution expert
Practice notes
This Practice Note sets out guidance on proving factual matters, including the status of witness statements. It also examines the approach to deploying factual evidence in later proceedings and the admissibility of factual findings from other tribunals. Witness immunity from suit is considered as well.
Burden of proof
Under English law, a party who alleges a particular fact that is not self‑evident must prove it (Robins v National Trust, as cited in Ball v Ball). The courts have recognised that the character of the allegation bears on what is required to prove it: the more serious, or the less inherently likely, the fact alleged, the more cogent and persuasive the supporting evidence must be (Ma v St George’s Healthcare NHS Trust at [11], cited in Serafin v Malkiewicz at [87]).
The necessary proof does not have to be a witness statement from the party with the onus. In X v The Transcription Agency LLP, the court rejected the suggestion that a witness statement is required on the basis that such a proposition does not accord with...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 27/05/2026
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
