Similar fact evidence in civil litigation: O’Brien two-stage test, pleading requirements and case management discretion (England and Wales)
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Similar facts evidence—meaning and the general position
Material might be available about comparable conduct or the handling of a like issue in situations beyond the dispute, which a party may wish to rely upon as indicating that the same conduct or approach also took place in the dispute.
In such circumstances, a party can apply to the court seeking permission to introduce evidence of similar, albeit unrelated, events or facts for consideration.
Courts are generally reluctant to entertain such applications.
The prevailing rule is that facts akin to a fact in issue are ordinarily inadmissible as proof of that fact in issue.
Nonetheless, recognised exceptions exist and, it appears, courts will usually allow similar fact material where it has logical probative value, is not oppressive or unfair to the opponent, the opponent has adequate notice, and is in a position to address it at trial without undue prejudice arising.
When addressing fairness, the court will consider the effect that receiving the purportedly similar fact material would have on case management, including the probable duration of the hearing and the associated expense for trial.
The test for allowing admission...
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Web page updated on 21/05/2026
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