Safeguards in relation to hearsay evidence
2 Notice of proposal to adduce hearsay evidence.
(1)
A party proposing to adduce hearsay evidence in civil proceedings shall, subject to the following provisions of 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 him or 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 also be excluded by agreement of the parties; and compliance with the duty to give notice may in any case be waived by the person to whom notice is required to be given.
(4)
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 4.